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.

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19 August 2018
News
The CFMEU and seven of its officials, including senior union leaders Dave Noonan (National Secretary), Mick Buchan (WA State Secretary) and Joe McDonald (then WA Assistant State Secretary), have been penalised for unlawful conduct which halted work at the $1.2 billion Perth Children’s Hospital project.                                            
11 May 2017
News
Following their appointment by the Minister for Employment in July 2017, three Deputy Commissioners have now commenced their roles at the ABCC. Anthony Southall QC, Cathy Cato and Cliff Pettit each have extensive knowledge of the industry, the agency and possess senior executive management and leadership experience.
7 August 2017
News
The CFMEU and 19 of its officials have been penalised $817,500 after they shut down two major Brisbane sites in a “deliberate, flagrant and systematic” campaign aimed at forcing the sites’ head contractor to sign a CFMEU enterprise agreement.
9 March 2018
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Our commitment to workplace diversity and inclusion The ABCC is committed to creating a working environment that values and utilises the contribution of staff from diverse backgrounds and experiences.
19 August 2018
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Copyright licence The Commonwealth of Australia owns the copyright in all material the ABCC has created on our website. 
12 September 2018
News
The Federal Court has today imposed penalties totaling $137,590 against the CFMMEU and three of its officials for unlawfully entering an Adelaide worksite on four occasions between April and July 2014. The Court imposed the following penalties:
27 July 2018
News
The Federal Circuit Court in Sydney has imposed penalties totaling $13,500 against the CFMMEU and its then organiser Luke Collier after he refused to follow OHS procedures while on the $163 million Barangaroo Headland Park site on 5 March 2014.
4 July 2019
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What is the Security of Payments Working Group? The Security of Payments Working Group (the Working Group) was established under the BCIIP Act. Its purpose is to enhance protections for subcontractors by improving compliance with security of payments legislation.
19 August 2018
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[toc]1. Message from the CommissionerPhoto of Nigel Hadgkiss
21 August 2017

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