Australia Fair Work Act 2009 (Cth)
Part 3-1: General protections and sham arrangements – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s340-342: ss 340 to 342 No adverse action because of a workplace right

A person does not take adverse action (for an employer: dismissing, injuring the employee in employment, altering the employee's position to their prejudice, or discriminating between employees; for a prospective employer: refusing to employ or discriminating in terms offered; for a principal: terminating, injuring, prejudicing or refusing to use or supply an independent contractor; including threats and organising such action) against another person because the person has, has exercised or proposes to exercise, or has not exercised, a workplace right, to prevent its exercise, or because a third person exercised a workplace right for their benefit. Workplace rights include entitlements and roles under workplace laws and instruments, initiating or participating in processes (FWC matters, bargaining, IFAs, cashing out, flexible work requests, casual conversion, dispute settlement) and making complaints or inquiries about compliance or about one's employment. Action authorised by law is not adverse action. The reason is presumed unless the employer proves otherwise (s 361), and it is enough that the prohibited reason is one of the reasons (s 360).

Maintained by Gerard Blokdyk

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