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.

Basic page
Freedom of association protections give employees and contractors the right to choose whether or not to join a union or industrial association.
19 August 2018
Legal Case
The ABCC* has commenced proceedings in the Federal Court against the CFMEU and two of its officials, Anthony Sloane and Luke Collier, for taking adverse action against a crane company after the company terminated the employment of a union delegate. In a statement of claim filed in the Federal Court, the ABCC alleges:
31 August 2018
Basic page
You will lose pay for going on strike
19 August 2018
Legal Case
The ABCC* commenced proceedings in the Federal Court of Australia against the CFMEU and officials: Joseph McDonald, Michael Buchan, Steven McCann, Bradley Upton, Patrick Heathcote and Tawa Harris. The ABCC alleged the respondents took coercive and adverse action on the new Perth Children’s Hospital construction site in January 2013.
31 August 2018
Legal Case
The ABCC* commenced proceedings against 23 employees working on WA Water Corporation’s new waste treatment plant for allegedly engaging in unlawful industrial action.
31 August 2018
Legal Case
The ABCC* commenced proceedings in the Federal Circuit Court of Australia against the CFMEU and 11 of its officials, including NSW State Secretary Brian Parker, for allegedly running an orchestrated campaign of unlawful blockades and work disruptions targeting a Sydney concrete pumping firm.
31 August 2018
Landing page
This section covers rights and responsibilities in relation to right of entry, coercion, discrimination, wages and entitlements, industrial action, freedom of association, unlawful pickets and independent contractors.
23 August 2018
Legal Case
On 15 April 2019, the Federal Court in Brisbane imposed $58,500 in penalties against the CFMMEU, its State Secretary Michael Ravbar and union official Andrew Sutherland over their unlawful action on the Legacy Way Port Connect Project in 2012.
31 August 2018
Legal Case
The ABCC commenced proceedings against the CFMEU and two of its representatives, Mario Raspudic and Mark Travers, for allegedly preventing non-financial members of the union from working at the Melbourne University College project. In a statement of claim filed in the Federal Court, the ABCC alleges:
31 August 2018
Legal Case
The ABCC has commenced proceedings in the Federal Court against labour hire company, Corestaff WA, and contractor, Gumala Enterprises, alleging they discriminated against a worker because of his age.
26 April 2019

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