The Fair Work Commission, until 2013 known as Fair Work Australia, is the Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd Government's reforms to industrial relations in Australia.
The following Fair Work Act protections apply in Australia.
General protections claims - deadline test clarified
The test for allowing extensions of time for sacked workers to lodge a general protections claim is 'similar' to that for unfair dismissals, Fair Work Australia (FWA) has said.
Under the Fair Work Act 2009, dismissed employees receive 14 days to lodge an unfair dismissal claim (s394), and 60 days to file a general protections claim (s365) from the date of their termination.
The 'general protections' provisions of the Fair Work Act are found in Part 3-1 of Chapter 3of the Act and are intended to protect:
- a person's 'workplace rights'
- freedom of association (including the right to join, or be represented or not represented by industrial associations; or to engage in lawful 'industrial activities')
- a person from workplace discrimination, or
- Provide remedies where the protections have been contravened.
- Other protections include that an employer must not dismiss an employee who is temporarily absent from work due to illness or injury. A person may make application to Fair Work Australia claiming a breach of the general protections provisions.
Workplace rights
A person must not take 'adverse action' against another because the first person has a 'workplace right'. A person has a 'workplace right' if the person
- has a benefit, entitlement, role, responsibility, under a workplace law (i.e. Fair Work Act, the RAO schedule, the Independent Contractors' Act 2006 [CT] or any federal state or territory law which regulates relationships between employers and employees, including OHS laws), a workplace instrument, an order made by an industrial body
- is able to initiate or participate in a process or proceedings under a workplace law or workplace instrument
- is able to make a complaint or inquiry to a person or body which is able under a workplace law to seek compliance with a workplace law or instrument or, if an employee about his or her employment.
Prospective employees are taken to have workplace rights.
Industrial activity
It is an offence to coerce another person or a third party to engage in or not engage in industrial activity. 'Industrial activity' includes membership and non-membership of an industrial association, engaging in or not engaging in lawful industrial activity.
It is also an offence to knowingly or recklessly make false misrepresentations about:
- another person's obligation to engage in industrial activity
- another person's obligation to disclose whether he or she, or a third person is or is not, or was or was not, an officer of an industrial association; or is or is not engaging, or has not been engaged, in industrial activity fair work Australia.
An employer (or a person who contracts an independent contractor) must not induce an employee or independent contractor to take, or propose to take, membership action. A person takes 'membership action' if the person becomes, does not become, remains or ceases to be, an officer of member of an industrial association.
Discrimination
An employer must not:
- induce an employee or contractor to change or keep membership of an industrial association
- take adverse action against an employee or prospective employee on grounds which are unlawfully discriminatory (except where authorized under a state or territory discrimination law, there are inherent requirements or religious grounds)
- take adverse action against an employee because of temporary absence for illness or injury
- knowingly or recklessly make false or misleading representations about work arrangements to an employee or prospective employee (representations are false if a contract of service is represented as a contract for services)
- Induce an employee to undertake work as a contractor which is substantially the same as undertaken as an employee.
For more assistance and for more help we are available Fight for your rights under the law Unfair Dismissals Australia is owned and operated by AWDR Australia’s leading workplace representatives. We specialize in the resolution of workplace disputes and unfair dismissals. Our services also include workplace bullying, sexual harassment and discrimination. If you have an enquiry please take the time to get in touch with us here : https://unfairdismissalsaustralia.com.au/