Standard Workplace Protections In Australia
McArdle Legal | Employment & Workplace Lawyers
All individuals working in Australia within relevant Commonwealth workplace statutes remain eligible for standard workplace protections. The Fair Work Act of 2009 offers protections of particular rights such as workplace rights, the legal right to engage in industrial activities, the right to be devoid of workplace bullying and the right to be free from undue influence or demands in negotiating employment contracts.
These rights are protected from some unlawful strategies, such as however not limited to adverse behaviour, force, misrepresentations, undue influence or demands in relation to enterprise agreements and guarantees of yearly wages.
All employers, employees and independent contractors are free to become, or not to become, participants in an professional organisation, for example a trade union or employer organisation. On top of that, all hiring managers, personnel and independent contractors are eligible to interact or not engage in what are known as 'industrial activities'.
Such programs are outlined inside of the Fair Work Act 2009. They involve many forms of lawful involvement inside an industrial association (such as a trade union) together with its activities, including organising or supporting official actions for or on its behalf, representing its view points, in addition to seeking to be represented. Further, it covers a person simply being victimised for refusing to get associated with dishonest action organised or promoted by an industrial association or industrial action.
Under the Fair Work Act 2009, it is fraudulent for an employer to employ adversarial behaviour towards any individual who is a worker, previous employee or prospective employee because of the person's race, colour, sex, sexual interest, age group, physical or mental disability, marriage situation, family or carer's tasks, pregnancy, belief, political point of view, national extraction or social origin.
Hostile act is behaviour that is fraudulent if it is carried out for specific reasons. The Fair Work Act 2009 bans someone from utilising adverse action towards another person as that person either has a worker's rights, has or has not utilised a workplace right, offers to or not to make use of workplace right, does or does not belong to a trade union or engages or does not pursue industrial action.
Undue influence or pressure occurs when an employer exerts major or inappropriate force on an employee to change or alter their conditions of employment. The undue influence or demands or coercive activities may be unlawful even when it does not succeed in making the person take or do not take the action.
There are many options somebody can pursue if they believe they have been subject to a general protections contravention. Someone who thinks they have been subject to a general protections contravention are able to lodge a complaint with the Fair Work Ombudsman.
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