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 action in the Federal Court alleging the conduct of the CFMMEU and three of its officials led to work being halted during a critical bridge construction stage on the upgrade of the Bruce Highway from Caloundra to Sunshine Motorway. In its statement of claim, the ABCC is alleging:
30 October 2019
News
The ABCC has commenced proceedings against West Australian company Big Li Ceiling Pty Ltd and its director Yiting Li alleging the company failed to produce records and documents of its workers and subcontractors during a wages and entitlements audit.
11 October 2018
News
The ABCC has filed Federal Court proceedings against the CFMMEU and several of its NSW officials over alleged unlawful pickets of a Sydney-based crane company on 25 and 30 January 2019.  
9 May 2019
News
The ABCC has launched proceedings against the AMWU and two of its organisers after they allegedly threatened to shut down a Melbourne site unless the employer hired several workers.
26 February 2019
Basic page
What is freedom of association?All employees and contractors have the right to join or not join a union. This is called freedom of association. A union or an employer may be breaking the law if they put pressure on workers to make a decision about joining, not joining or leaving a union.
19 August 2018
Basic page
Under the FW Act it is unlawful for an employer to take adverse action against a person who is an employee or prospective employee because the person has an attribute that is protected under the FW Act.
19 August 2018
Legal Case
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.
13 March 2019
Legal Case
The ABCC* commenced proceedings against the CFMEU and official Tawa Harris in the Federal Court for breaching right of entry provisions at the Joondalup Multi-Storey Car Park construction site. The trial listed for 31 May 2016 was vacated after Harris admitted his contravention.
31 August 2018
Legal Case
On 2 July 2019, the Federal Court dismissed the ABCC's application regarding alleged coercion and adverse action on the Perth Stadium site in August 2016. The matter is under appeal.  
31 August 2018
News
Commercial painting business Prolac P/L and its director Tim Petrusic have been penalised $16,200 for terminating a subcontractor’s contract on the EQ Tower project in Melbourne‘s CBD in 2017. 
24 June 2019

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