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ARTICLE · 19 SEPTEMBER 2013

Client update: Significant fine in adverse action case

Holding Redlich
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The decision highlights the significance of protections for employees against adverse action under the Fair Work Act.

AustraliaEmployment and HR
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Case: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Limited (No. 4) [2013] FCA 930 (13 September 2013)

The Federal Court recently imposed significant fines on Visy Packaging, in a decision which highlights the significance of protections for employees against adverse action under the Fair Work Act.

In an earlier decision, the Federal Court found that Visy and its operation manager contravened the workplace rights and protections in section 340 of the Fair Work Act when a safety representative was subjected to an investigation as a result of tagging out two defective forklifts and raising safety issues when the forklifts were being returned the service. The safety representative was also suspended on full pay and issued with a final written warning.

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