Adverse action

Adverse action is certain types of action that is unlawful if it is taken for particular reasons. The FW Act describes what types of action is adverse action.

Adverse action taken by an employer includes doing, threatening or organising any of the following:

  • dismissing an employee
  • injuring an employee in their employment
  • altering an employee’s position to their prejudice
  • discriminating between one employee and other employees
  • refusing to employ a prospective employee
  • discriminating against a prospective employee on the terms and conditions in the offer of employment.

The full meaning of ‘adverse action’ is described in section 342 of the FW Act.

News
The ABCC has commenced proceedings in the Federal Court alleging the CFMMEU and two of its officials, including assistant Queensland state secretary Jade Ingham, engaged in coercion, adverse action and organised unlawful industrial action. 
4 March 2019
Landing page
Detailed information about industrial strike action and what your entitlements are.
24 August 2018
Basic page
Industrial action is primarily regulated under the Fair Work Act 2009 (FW Act). But industrial action in relation to building work is subject to more rules under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).
19 August 2018
Basic page
What should I do if industrial action happens on my site? If you’re a code covered entity undertaking Commonwealth funded building work you must:
19 August 2018
News
The ABCC has commenced Federal Court action against the CEPU and four of its officials following separate incidents at the Sydney Metro Trains Facility Site in Rouse Hill on 17 and 18 October and 14 December 2016.
26 April 2019
Basic page
What is industrial action? Industrial action occurs when employees refuse to perform work at all, ban the performance of all or some work, or perform work in a way that is different to the way it is usually performed, or in a way which limits the performance of work. Industrial action can include:
19 August 2018
News
Federal Court proceedings have been launched against the CFMEU and two representatives for allegedly preventing non-financial members from working at a Melbourne construction site. The ABCC alleges in a claim lodged with the Federal Court in Melbourne:
18 August 2017
News
The ABCC has commenced proceedings against the CFMMEU and three of its officers, including WA State Secretary Michael Buchan, alleging they organised unlawful industrial action across three Perth Airport rail sites and were involved in a picket at the head contractor’s office.
23 April 2019
News
The ABCC has commenced Federal Court action in the ACT alleging the CFMMEU and five officials attempted to coerce a Canberra-based civil engineering company to make an enterprise agreement with the CFMMEU.
17 April 2019
News
The Federal Court has imposed total penalties of $105,000 against 75 workers after they took part in unlawful industrial action at the New Children’s Hospital project in Perth in 2013.
11 October 2018

Pages