Fair Work Act general protections for a corporate whistleblower?

The general protections scheme under Part 3-1 of the Fair Work Act 2009 (Cth) (FW Act) protects employees from adverse action taken against them by their employer because they have or exercise a workplace right. One of the protected 'workplace rights' is that in s 341(1)(c)(ii) – the ability of an employee to make a complaint in relation to their employment. This has founded a substantial proportion of general protections claims.

There is a divergence in judicial approaches to the scope of this protection. A broad view was taken by Bromberg J in Walsh v Greater Metropolitan Cemeteries Trust(No 2) [2014] FCA 456 (Walsh) of the nexus required of a complaint made under s 341(1)(c)(ii). In Walsh, a report made by an employee about a linen supplier providing sub-quality service was held to be a complaint in relation to that employee's employment because it raised "potential implications" about the employee's employment.