All people working in Australia under relevant Commonwealth workplace laws are entitled to general workplace protections.
The Fair Work Act 2009 provides protections of certain rights, including:
- workplace rights
- the right to engage in industrial activities
- the right to be free from unlawful discrimination
- the right to be free from undue influence or pressure in negotiating individual arrangements.
These rights are protected from certain unlawful actions, including (but not limited to):
- adverse action
- coercion
- misrepresentations
- undue influence or pressure in relation to:
- individual flexibility arrangements under modern awards and enterprise agreements
- guarantees of annual earnings
- deductions from wages.
What rights are protected under general protections?
Workplace rights
The term 'workplace right' is broadly defined under the Fair Work Act 2009, and exists where a person:
- is entitled to a benefit or has a role or responsibility under a workplace law, workplace instrument (such as an award or agreement) or an order made by an industrial body
- is able to initiate or participate in a process or proceedings under a workplace law or workplace instrument
- has the capacity under a workplace law to make a complaint or inquiry:
- to a person or body to seek compliance with that workplace law or workplace instrument
- if the person is an employee, in relation to their employment.
Industrial activities
All employers, employees and independent contractors are free to become, or not to become, members of an industrial association, such as a trade union or employer association. In addition, all employers, employees and independent contractors are entitled to engage or not engage in what are called 'industrial activities'.
These activities are defined in the Fair Work Act 2009. They include various forms of lawful participation in an industrial association (such as a trade union) and its activities, including organising or promoting lawful activities for or on its behalf, representing its views, and seeking to be represented. Further, it covers a person being victimised for refusing to be involved in unlawful activity organised or promoted by an industrial association or industrial action.
For more information on industrial action, including what is protected industrial action, please see the Fact Sheet - Industrial Action.
Discrimination
Under the Fair Work Act 2009, it is unlawful for an employer to take adverse action against a person who is an employee, former employee or prospective employee because of the person’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.