ARTICLE · 10 OCTOBER 2012

General Protections in the Fair Work Act - Best Practice Guide

DLA Piper Australia

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The Fair Work Act 2009 contains a broad set of general protections against discriminatory, unfair or unlawful conduct.

AustraliaEmployment and HR

Rick Catanzariti

Allan Drake-Brockman

The Fair Work Act 2009(Cth) (FW Act) contains a broad set of general protections against discriminatory, unfair or unlawful conduct. The general protections prohibit coercion, misrepresentation, unlawful termination, discrimination and more, creating civil remedy provisions that can be enforced in court.

OVERVIEW

The general protections protect "workplace rights" as defined broadly in the FW Act. The general protections prohibit "adverse action" being taken against a person when that person decides to, or not to, exercise a "workplace right" or engage, or not engage, in "industrial activities". An employee is also protected from adverse action because of their race, colour, sex, age and other grounds.

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