Employment & WHS: Employment & Industrial Relations - Guides
Employment & Industrial Relations
10. General Protections
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Last updated: 26 Jul 2015
- 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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