ARTICLE · 18 JANUARY 2012

Union members and adverse action under the Fair Work Act

Colin Biggers & Paisley

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The High Court will soon hear an appeal on an employee's entitlement to engage in industrial action in the workplace. .

AustraliaEmployment and HR

Sarah Hedger

In brief - High Court to hear appeal in Barclay v Bendigo TAFE

The High Court of Australia will soon hear an appeal from the full bench of the Federal Court in a case involving an employee's entitlement to engage in industrial action in the workplace, Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 (9 February 2011).

Industrial activity protected under the Fair Work Act

Section 340 and 346 of the Fair Work Act (2009) (Cth) provide that a person cannot take adverse action against another individual because they are either engaged in industrial activity or are exercising a workplace right.

The reasoning behind this is that employees should be able to join unions and engage in lawful industrial activities freely, without the risk of being disadvantaged by their employers or having adverse action taken against them as a result.

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