Equal Opportunity
5. Fair Work Act
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015
- Australians are also protected against discrimination under the Fair Work Act 2009 (Cth).
- The way the law works under the Fair Work Act is different to the anti-discrimination laws.
- You do not need to show direct or indirect discrimination using the tests outlined above.
- Instead you must show that an ‘adverse action’ was taken against you due to one of the following protected characteristics:
- race or skin colour;
- sex or sexual preference;
- pregnancy, marital status, family or carer responsibilities;
- age;
- disability;
- religion;
- political opinion;
- national or social origin; or
- engagement in industrial activities.
- Adverse action includes doing, threatening to do or organising any of the following:
- dismissal of an employee;
- injuring an employee in their employment;
- altering an employee’s position to their detriment;
- discriminating between one employee and other employees;
- refusing to employ a potential employee; or
- discriminating against a potential employee on the terms and conditions in the offer of employment.
- Complaints can be made to the Fair Work Commission.
- You can call the Fair Work Infoline on 13 13 94 for assistance in making an unlawful workplace discrimination complaint or alternatively you can use our Find a Lawyer directory if you think you may need legal advice.
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