In our article of 19 June 2013 ("
Recent Adverse Action Decisions Prove Favourable for
Employers"), we examined an adverse action decision which
produced a narrow reading of the "General Protections"
provisions of the Fair Work Act 2009 (Cth) (FW
Act).
That decision was Harrison v In Control Pty Ltd [2013]
FMCA 149, where the Federal Circuit Court held that in order for a
complaint by an employee to be a "workplace right"
capable of protection under the FW Act, the complaint must have a
statutory or contractual basis which, if made to an external body,
would give that body jurisdiction to investigate and seek
compliance under a relevant workplace law or instrument.
To recap, section 341(1)(c)(ii) of the FW Act provides that an
employee has a "workplace right" if the employee
is able to make a complaint or inquiry in relation to his or her
employment. An employer contravenes the FW Act if the employer
takes "adverse action" against the employee
(say, by dismissing
