It's illegal for an employer, fellow employees or employee organisations, such as a union to force an employee to exercise, or not exercise, their workplace rights.
So, for example, if someone pressures an employee to vote for or against an enterprise agreement, this is illegal.
What is a workplace right?
An employee has a workplace right if they are:
- entitled to the benefit of a workplace law or workplace instrument (such as an award or agreement),
- able to participate in a process or proceedings under a workplace law or workplace instrument, or
- able to make a complaint or enquiry in relation to their employment.
Coercion - what is it?
Coercion means forcing or compelling someone to do something against their will, for example, through fear, intimidation and / or threats.
An employer must not threaten or take any action with the intent of forcing an employee to exercise or not exercise a workplace right, or to do so in a particular way.
For example, if an employee refuses to vote for or against an enterprise agreement, the employer must not:
- threaten to sack the employee
- threaten to demote the employee or change their roster.
Undue influence or undue pressure - what is it?
Undue influence or pressure is a lower threshold than coercion. Under the Fair Work Act 2009 an employer must not exert undue influence or pressure on an employee to modify or alter their conditions of employment, or not to make such an agreement.