Although the Fair Work Act's provisions do not generally go
beyond those in the old Workplace Relations Act, they do differ in
some significant ways. Under the Fair Work Act, employers, and
others, cannot take adverse action against persons because they
have a workplace right, because they have or have not exercised the
right, or because they propose or propose not to exercise such a
right.
Additionally adverse action is also prohibited where a person
engages (or refuses to engage) in lawful industrial activity or
where an employer discriminates against an employee or prospective
employee.
What are the main areas for concern for an employer?
First, an employee now has an apparently unfettered right to
make a complaint or inquiry in relation to his or her employment
without fear of adverse action. Previously this protection only
arose in a situation where the complaint or inquiry was made to a
person or body with the capacity to seek compliance (usually
