Are there other general protections?

Authored by Leanne Dorricott, Senior Associate and Lauren Mooney, Paralegal, Corrs Chambers Westgarth. Updated by the LexisNexis Legal Writer team.

An introduction to further general protections

Part 3-1 of the Fair Work Act 2009 (Cth) (FW Act) provides broad-ranging protection for employees, independent contractors and employers against “adverse action” (see Guidance Note: Who can make an adverse action claim?) on the grounds of possessing and/or exercising “workplace rights” (see Guidance Note: What is a “workplace right”?) and engaging in “industrial activity” (see Guidance Note: Are there general protections for engaging in industrial activities?).

There are a number of additional protections in Pt 3-1, including prohibitions on:

• coercion in connection with workplace rights, industrial activity and the engagement of and allocation of duties to, particular persons;
• employers exerting undue influence or pressure on their employees in relation to their exercise of certain rights;
• misrepresentations in connection with workplace rights and industrial activity, including protection for workplace delegates;
• employers and principals offering inducements to employees and independent contractors in relation to membership of industrial associations;
• discrimination by employers against employees and prospective employees;
• dismissal of employees for temporary illnesses or absences;
• payment of bargaining services fees; and
• discrimination against employers in relation to the coverage of their employees by particular instruments.

What constitutes “coercion”?

The FW Act prohibits actions that are organised or taken against a person with “intent to coerce” that person (or a third person) in relation to workplace rights, industrial activity, the employment or engagement of employees or independent contractors, and the allocation of duties or responsibilities.