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 Federal Court today handed down penalties totalling $145,950 in relation to unlawful action that halted work at the Ichthys LNG Project in Darwin.
14 September 2017
News
The Full Federal Court today handed down penalties totalling $430,000 for unlawful industrial action taken at the Lady Cilento Children’s Hospital and two other Brisbane construction sites.
3 August 2017
News
The Federal Court has imposed penalties totalling $101,500 against the AMWU, CFMEU and AWU and three of their officials for their involvement in unlawful industrial action at a construction project at the Australian Paper Mill in Victoria’s Latrobe Valley.
12 April 2017
News
The ABCC has commenced Federal Court proceedings against the CFMMEU and its official Grant Harradine, alleging they organised unlawful industrial action on four consecutive days in a bid to pressure subcontractor, PJ Walsh, to sign a CFMMEU enterprise agreement at the Townsville Stadium site.
9 April 2019
News
The CFMEU and three of its officials have been penalised $130,000 for industrial action which shut down work at multiple construction projects across Brisbane, including Ronald McDonald House and the Commonwealth Games Velodrome site.                           
28 July 2017
News
The ABCC has commenced proceedings in the Federal Court against the AWU and two of its officials alleging they organised a three-day strike at a steel manufacturer for major construction projects in Melbourne late last year.
5 April 2019
News
The ABCC has commenced proceedings in the Federal Court alleging 66 employees of various subcontractors and a labour hire company on a Fortitude Valley site engaged in unlawful industrial action.
22 July 2019
News
The ABCC has launched legal action against the CFMEU and two officials for alleged breaches of right of entry involving abusive behaviour at a Tasmanian construction site in October 2016.
18 October 2017
News
The CFMMEU and two of its officials face court action for allegedly acting in an aggressive and threatening manner and calling subcontractor Enco’s general manager a “f…ing, dog, c..t” during a site entry in Brisbane last year.
15 January 2019
News
The ABCC has launched legal action against the CFMEU and its SA organiser Mark Gava claiming the official breached right of entry laws at an Adelaide construction site.
21 November 2017

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