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Employment & Industrial Relations

10. General Protections

Authors: Kate Luckman
Firm / Chambers:
Last updated: 26 Jul 2015
    10. General Protections
  • An important part of the Fair Work Act is the section about ‘general protections.’ The section states that a person must not take adverse action against another because that person has or plans to exercise a workplace right.
  • To make a general protections claim you must show that:
    • you exercised a workplace right; and
    • you suffered adverse action by your employer as a result.
  • A workplace right includes an entitlement, role or responsibility under:
    • a workplace law;
    • a modern award;
    • an enterprise agreement; or
    • an order of the Fair Work Commission or a court.
  • An example of a workplace right might be to apply for maternity leave.
  • A person has a workplace right to make a complaint or enquiry in relation to their employment such as a complaint about unpaid wages.
  • A person also has a workplace right to initiate a proceeding under the law or a modern award or enterprise agreement.
  • Adverse action by an employer includes:
    • termination of employment;
    • refusal to employ you;
    • discrimination between other employees or future employees;
    • injury to employment such as refusing to pay overtime or reducing work hours or wages; or
    • altering employment to an employee’s disadvantage such as:
      • disciplining;
      • demoting; or
      • suspending an employee; or
    • a threat to do any of these things.
  • If your employment has been terminated you must make a general protections application within 21 days. An extension of time will only be granted in very limited circumstances.
  • If your employment has not been terminated you can make an application any time within 6 years of the adverse action occurring.
  • A general protections application form is available on the Fair Work website: https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/general-protections. Our free Find a Lawyer directory may also provide contact details for lawyers who assist you with your application.

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