What Are Fair Work General Protections? – You Must Let Your Employees Ask Questions About Their Employment Or Workplace If They Have A Concern Without Detriment!

The Fair Work Act gives all employees protected rights at work and these are known as ‘general protections’. One of these protected rights – known as ‘workplace rights’ allows employees to make a complaint or enquiry about their employment or workplace without detriment (e.g. being discriminated against or terminated) to their employment. If the employee is discriminated against or terminated in their employment for making a complaint or enquiry, then this is illegal and known as ‘adverse action’.

Earlier this month, the Fair Work Ombudsman reported that it had penalised the University of Melbourne for taking ‘adverse action’ against two casual employees who exercised their workplace right to make a complaint or enquire about their work. The casual employees made complaints about being required to work more hours, without more payment, than the “anticipated hours” within their contracts with one employee also claiming that she was offered no additional work once the complaint was made. The penalty for Melbourne University was significant – in total - $74,590.

This is only one example of ‘general protections’ and ‘adverse action’. While the industry may not be relevant to your business, these concepts under Fair Work is something all Australian workplaces needs to be aware of. Over the next few newsletters, we will bring you other general protection you need to be aware of.