Fair Work Commission

Section 349

1. A person must not knowingly or recklessly make a false or misleading representation about either of the following:
   
   1. another person's obligation to engage in industrial activity;
   2. another person's obligation to disclose whether he or she, or a third person:
      
      1. is or is not, or was or was not, an officer or member of an industrial association; or
      2. is or is not engaging, or has or has not engaged, in industrial activity.
2. Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.

What is the protection?

A person must not deliberately make a false or misleading representation about:

• another person’s duty to engage in industrial activity

• another person’s duty to disclose whether they, or another person, is or was a member of an industrial association and whether they have had any involvement in industrial activity.

Are there exceptions?

This does not apply if the person to whom the representation is made would not be expected to rely on it.