An introduction to the general protections

The “general protections” provisions in Pt 3-1 of the Fair Work Act 2009 (Cth) (FW Act) contain various protections for employees, independent contractors, employers and other persons. Some of these protections are based on long-standing provisions relating to freedom of association. More recent provisions are aimed at preventing sham contracting arrangements.

Authored by Anthony Forsyth, Consultant, Corrs Chambers Westgarth. Updated by the LexisNexis Legal Writer team.

The “general protections” provisions in Pt 3-1 of the Fair Work Act 2009 (Cth) (FW Act) contain various protections for employees, independent contractors, employers and other persons. Some of these protections are based on long-standing provisions relating to freedom of association. More recent provisions are aimed at preventing sham contracting arrangements.

General protections applications made by employees against employers account for most matters decided under the general protections regime.

This guidance note provides high level information about Pt 3-1, FW Act. For more detailed information — see these Guidance Notes:

• Who can make an adverse action claim?
• How is an action to enforce a general protection initiated or defended?
• What is a “workplace right”?
• Are there general protections for engaging in industrial activities?
• Are there other general protections?
• What are the general protections against sham contracting?
• General protections — What remedies are available?

What purpose do the general protections serve?

The objects of Pt 3-1 are stated in s 336 of the FW Act as follows:

• to protect “workplace rights” (see Guidance Note: What is a “workplace right”?);
• to protect freedom of association by ensuring that:
  • persons are free to become, or not become, members of “industrial associations”;
  • persons are free to be represented (or not) by industrial associations;