The Fair Work Act has been amended to include a range of new workplace laws. This may affect the information on this page. Show Find out more at Secure Jobs, Better Pay: Changes to Australian workplace laws. Important information for the building and construction industry From 10 November 2022, there are changes to who regulates the commercial building and construction industry. Find out more at Important information for the building and construction industry. The Fair Work Act gives all employees protected rights, called ‘general protections’, at work. These protected rights include:
On this page:
Protected rightsWorkplace rightsA person has a workplace right if they:
Industrial activitiesA person has the right to belong or not belong to an industrial association (for example, a trade union or employer association). A person also has the right to take part or not take part in industrial activity. It’s unlawful for a person to take adverse action against another person for these kinds of reasons. Industrial activities include doing or not doing the following:
DiscriminationEmployees and prospective employees have the right to be free from discrimination based on protected attributes. To find out more, visit Protection from discrimination at work. What am I protected from?Adverse actionAdverse action is unlawful if it’s taken for a prohibited reason or reasons. Adverse action includes doing, threatening or organising to do any of the following:
It's unlawful for a person to take adverse action against another person because they:
It's also unlawful for a person to take adverse action against another person:
Example: Adverse actionGreg’s employer finds out that he reported a workplace issue to the Fair Work Ombudsman because he didn’t think he was getting paid the minimum wage. Greg is demoted and has his duties substantially changed because he contacted the Fair Work Ombudsman. This is adverse action against Greg because he used his right to ask about his pay. It is unlawful. CoercionCoercion is the act of organising or taking, or threatening to organise or take, action against another person or third party with an intent to influence them to act in a particular way. This can include forcing someone to do something against their will through fear, intimidation or threats. Coercion interferes with a person’s freedom of choice. A person can't be forced to:
The coercive behaviour may still be unlawful even if it wasn't successful in forcing someone to do something against their will. Undue influence or pressureUndue influence or pressure is when an employer tries to inappropriately influence or pressure an employee to change their conditions of employment. It's unlawful for an employer to place undue influence or pressure on an employee to:
The undue influence, pressure or coercive behaviour can be unlawful even if it doesn't succeed. Example: Undue influence or pressureDavid’s registered agreement allows for him to make an agreement about cashing out some of his annual leave. David's manager, Jenny, approaches him about cashing out his annual leave. Jenny says that if David takes leave they’ll need to close temporarily. She says that they are a small business and they can’t cover his absence. David feels obliged to agree with Jenny’s request to cash out his annual leave. Depending on how Jenny raised the issue with David, this might be considered undue influence or pressure. However, if Jenny made it clear that David didn’t have to cash out his leave and that she was just exploring all possible business options, her request is unlikely to be considered undue influence or pressure. MisrepresentationMisrepresentation is when someone knowingly or recklessly makes a false or misleading representation about workplace rights, or the exercise or effect of exercising a workplace right to a person who would likely rely on that representation. It’s against the law. Example: MisrepresentationKath is a part-time employee who has been employed for 2 years with her employer. She is pregnant with her first child and asks her manager about her parental leave entitlements. Kath's manager tells her that only full-time employees are entitled to parental leave – even though he knows that isn't true. This is a misrepresentation and is unlawful. Source reference: Fair Work Act 2009 s.334-378 Resolving general protections issuesFor employees:Contact the Fair Work Commission (FWC) first if you've lost your job and you think you were fired because of:
You have 21 days starting from the day after you were dismissed to lodge an application with the FWC. Check the information at the FWC website to find out if you can apply for:
For other general protections issues, consider whether the action taken against you was unlawful after reading the information on this page. See our Fixing a workplace problem section for practical advice on:
For employers:Take general protections issues seriously. After you’ve read the information on this page, speak with your employee to address the problem. |