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 taken legal action against the CFMMEU and its delegate James Fissenden alleging in March this year they threatened to prevent a shopfitter from working at the Sunshine Plaza Shopping Centre site in Maroochydore until he joined the union.
10 October 2019
News
The Federal Court has penalised the CFMMEU $38,000 and two of its officials a total of $12,500 after they organised a work stoppage at a $30 million Brighton apartment project over demands for a larger site shed and dedicated female toilet.
13 November 2019
News
The ABCC has 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.
11 December 2019
Legal Case
On 17 June 2019, Commercial painting business Prolac P/L and its director Tim Petrusic were penalised $16,200 for terminating a subcontractor’s contract on the EQ Tower project in Melbourne‘s CBD in 2017. 
1 October 2019
Legal Case
The ABCC commenced legal proceedings against the CFMMEU and its delegate James Fissenden alleging they threatened to prevent a shopfitter from working at the Sunshine Plaza Shopping Centre site in Maroochydore until he joined the union.
14 October 2019
Legal Case
In a decision delivered by the Federal Court on 23 June, 2020, labour hire company CoreStaff WA PTY Ltd was found to have discriminated against a worker because of his age.
26 April 2019
News
A CFMEU site delegate, Peter D’Arcy, is facing allegations in the Federal Circuit Court that he forced a worker to join the union and pay union fees at a site in Toowoomba. It is alleged the CFMEU is liable for the delegate’s conduct.
9 April 2018
News
The ABCC has commenced proceedings against the CFMMEU and six of its Queensland-based officials alleging they intimidated NT Worksafe Inspectors and demanded that the head contractor shut down construction at the Palmerston Police Station site.
4 February 2019
News
The ABCC has commenced proceedings against a Victorian building company, SWAT Building Systems, and its director, Ilias Lymberatos. The ABCC alleges that a worker was underpaid more than $22,500 and had his employment terminated by his employer when he requested his back pay.
18 February 2019
Legal Case
The ABCC has commenced proceedings against the CFMMEU and six of its Queensland-based officials alleging they intimidated NT Worksafe Inspectors and demanded that the head contractor shut down construction at the Palmerston Police Station site.
18 February 2019

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