(1) An award, industrial agreement or order under this Act, or any arrangement between persons relating to employment must not ¾

(a) require a person ¾

(i) to become or remain a member of an organization;

(ii) to cease to be a member of an organization;

(iii) not to become a member of an organization; or

(iv) to treat another person less favourably or more favourably according to whether or not that other person is, or will become or cease to be, a member of an organization;

or

(b) confer on any person by reason of that person's membership or nonmembership of an organization any right to preferential employment or to be given preference in any aspect of employment.

(2) The prohibition in subsection (1) extends to awards, industrial agreements, orders and arrangements that are in force at the commencement of section 28 of the Industrial Relations Amendment Act 1993 ¹.

(3) A requirement that is contrary to this section is of no effect.

[Section 96B inserted by No. 15 of 1993 s.28.]