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
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
News
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
Legal Case
The ABCC commenced proceedings against the CFMMEU and three of its officers, including WA State Secretary Michael Buchan, alleging they organised unlawful industrial action across three Perth Airport rail sites and were involved in a picket at the head contractor’s office.
29 April 2019
News
The Federal Court in Brisbane has today imposed $58,500 in penalties against the CFMMEU, its State Secretary Michael Ravbar and fellow union official Andrew Sutherland over their unlawful action on the Legacy Way Port Connect Project in 2012.
15 April 2019
News
The Federal Circuit Court in Brisbane has found Forest Meiers Construction liable to pay $200,000 in compensation for taking adverse action and discriminating against a tiling subcontractor because they did not have an enterprise agreement with the CFMMEU.
2 July 2019
Legal Case
The ABCC* took court action against the plumbing division of the CEPU after a Bendigo-based plumbing company alleged it had been threatened with exclusion from a number of local construction projects unless it signed an enterprise agreement with the union.
31 August 2018
Legal Case
On 12 December 2019, the Federal Circuit Court in Sydney imposed penalties totalling $156,900 against the CFMMEU and two of its officials after they contrived safety concerns against a crane company and organised work stoppages at three sites.
31 August 2018
News
The ABCC has commenced proceedings in the Federal Court against the CFMMEU and its shop steward, Kevin Pattinson, for allegedly preventing an electrician and apprentice from working on a Melbourne site because they were not members of a union.
25 March 2019
News
The Full Bench of the Fair Work Commission has upheld a decision to refuse to grant an entry permit to Paul McAleer, NSW Branch Secretary and National Vice President of the Maritime Division of the CFMMEU.
2 March 2020
Legal Case
On 27 November 2019 the ABCC commenced Federal Court action against the CFMMEU and two of its officials alleging they pressured a construction company to terminate its contract with a labour hire firm and replace it with one with a CFMMEU enterprise agreement.
3 March 2020

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