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.

Legal Case
On 20 April 2018, the ABCC was granted a temporary injunction preventing seven CFMMEU officials from entering the Bruce Highway, Caloundra project site unless they complied with their federal right of entry requirements – including producing their federal permit for inspection on site when requested to do so. 
24 October 2019
Legal Case
The Federal Court on 27 March penalised the AMWU and an official $112,000 for threatening to coerce Victorian company Newcold to dismiss its workers and replace them with members of the AMWU.
13 March 2019
Basic page
How do I make an FOI request? Making an FOI request is simple. You just need to put it in writing and send it to us by email or post. Make sure you:
19 August 2018
Legal Case
The respondents admitted that in 2013 CFMMEU official Joseph Myles organised a blockade involving nine vehicles and around 20 individuals and prevented trucks carrying wet concrete from entering the Victorian Government’s Regional Rail site. This resulted in tonnes of concrete going to waste.
31 August 2018
Basic page
The 2012-13 Annual Report was submitted to the Minister for Jobs, Skills and Workplace Relations on 10 October 2013.
30 October 2013
The Full Court of the Federal Court has today significantly increased penalties against the CFMEU and a number of its key leaders after they blocked construction work on the $80 million Perth International Airport Arrivals Expansion Project.
29 March 2017
A Brisbane landscaping firm has been penalised more than $40,000 after it terminated the contract of another company which did not have a CFMEU EBA because it did not want “trouble” with the union.
5 September 2017
The High Court of Australia today confirmed the Federal Court can order a union official to personally pay a penalty and not seek reimbursement or indemnity from the union.
14 February 2018
The Federal Court has today penalised the CFMMEU $81,600 for the conduct of its Assistant Secretary, Jim O’Connor, and a site delegate for attempting to coerce a subcontractor to terminate a worker and replace him with a union office holder at the Royal Adelaide Hospital site in 2014.
27 August 2018
Basic page
Funding entity obligations for Commonwealth funded building work.
19 March 2019