ARTICLE · 16 MARCH 2011

Adverse action under Fair Work Act clarified by Barclay decision

Clayton Utz

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Anyone in your organisation who can decide to take action that could be construed as adverse action under the Fair Work Act must understand properly how these laws can operate.

AustraliaEmployment and HR

Brian Mueller

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Key Points:

Anyone in your organisation who can decide to take action that could be construed as adverse action under the Fair Work Act must understand properly how these laws can operate.

The Fair Work Act 2009 ("FW Act") prohibits a person from taking "adverse action" against another person where that action is taken because of certain specific reasons such as the possession of a "workplace right" it s exercise or proposed exercise (section 340) and because of union membership or being a union official or engaging in industrial activity (section 346).

The operation of those adverse action provisions has been the subject of a great deal of debate and commentary amongst workplace relations and HR practitioners, advisers and managers.

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