Section 354 — Fair Work Act 2009: Coverage by particular instruments

(1) A person must not discriminate against an employer because: (a) employees of the employer are covered, or not covered, by: (i) provisions of the National Employment Standards; or (ii) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (iii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation; or (b) it is proposed that employees of the employer be covered, or not be covered, by: (i) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (ii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation. Note: This subsection is a civil remedy provision (see Part 4-1). (2) Subsection (1) does not apply to protected industrial action. (3) A person must not discriminate against a regulated business because: (a) regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (b) it is proposed that regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument). Note: This subsection is a civil remedy provision (see Part 4-1).