More on adverse action: Employees have a right to raise concerns

Key Points:
Employees have a right to raise concerns about their pay rates and entitlements without the fear of being dismissed or victimised.

Adverse action has been a high-profile issue since the introduction of the Fair Work Act 2009 (Cth), and judgments in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 and Australia Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd [2011] FCA 333 have helped explain how these new provisions operate.

The Full Court of the Federal Court decision in Barclay fleshed out the adverse action provisions and discussed how to address the reverse onus of proof that applies to an allegation of adverse action under the Act. The case is significant as it was the first successful adverse action judgment and the first Full Federal Court decision to have dealt with the adverse action provisions.