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 commenced proceedings against 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 the employer when he asked about his pay.
27 February 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
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
Basic page
Australian Building and Construction Inspectors (ABC Inspectors) are appointed under the Building and Construction Industry (Improving Productivity) Act (BCIIP Act).
19 August 2018
News
The ABCC has commenced Federal Court action against the CFMMEU and seven officials alleging they targeted Wollongong crane company WGC Cranes and its workers as part of a campaign to coerce the company to sign up to a new CFMMEU enterprise agreement.
19 November 2019
Legal Case
On 25 September 2019, the Federal Circuit Court in Brisbane penalised Devine Constructions, its general manager and a senior employee $38,000 for refusing to engage a steel fabrication company because it did not have a CFMEU enterprise agreement.
31 August 2018

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