A person must not organise, take or threaten any action against another person to force that other person, or a third person, to:
An employer must not threaten an employee with demotion unless the employee stops a harassment claim against their supervisor.
This protection does not apply to organising (or threatening) protected industrial action.
A person coerces another to act in a particular way if the first person brings about that act by force or compulsion. Coercion will cause a person to act in a way that is non-voluntary.
There must be two elements to prove ‘intent to coerce’:
Coercion is distinguished from other concepts including influence, persuasion and inducement. Coercion implies a high degree of compulsion and not some lesser form of pressure where a person is left with a realistic choice as to whether or not to comply.
Coercion may take many forms. Persuasion becomes coercion when a person who influences another does so by threatening to take away something they possess, or by preventing them from obtaining an advantage they would otherwise have obtained.
The prohibition applies irrespective of whether the action taken to coerce the other person is effective. However, the actual effect of conduct may indicate the intent or purpose of the alleged contravener when the action was taken.
 Fair Work Act s.343.
 Ellis v Barker (1871) 40 LJ Ch 603; cited in National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 ; and Australian Licenced Aircraft Engineers Association v Qantas Airways Ltd (2011) 201 IR 441 .
 Explanatory Memorandum to Fair Work Bill 2008 .