General protections under the Fair Work Act 2009 (Cth) safeguard workplace rights, protect freedom of association, and provide protection from workplace discrimination. In Queensland, understanding these protections is essential for both employers and employees to ensure a fair and compliant work environment. This article outlines the key aspects of general protections in Queensland.
What Are General Protections?
General protections provisions are designed to:
- Protect workplace rights
- Safeguard freedom of association
- Shield employees from adverse action
- Prevent discrimination in the workplace
- Elements of General Protections
The primary elements of general protections include:
- Workplace Rights
- Adverse Action
- Freedom of Association
- Protection from Discrimination
Workplace rights encompass various entitlements and protections under workplace laws. These rights include:
- Entitlements under the Fair Work Act, awards, or enterprise agreements
- The right to participate in lawful industrial activities
- The ability to make a complaint or inquiry regarding employment
- An employee exercising a workplace right must not face any adverse action as a result.
Adverse Action
Adverse action occurs when an employer takes action detrimental to an employee for exercising a workplace right. Examples of adverse action include:
- Dismissing an employee
- Injuring an employee in their employment
- Altering the employee’s position to their detriment
- Discriminating between employees
- Adverse action is prohibited if it is taken because an employee has exercised or proposes to exercise a workplace right, or because of their association with a union.
Freedom of Association
Employees have the right to join or not join a union and to participate in lawful union activities. Employers cannot:
- Dismiss or harm an employee for being a union member
- Refuse to employ someone because of their union membership
- Take adverse action against an employee for participating in union activities
- Freedom of association ensures that employees can engage in collective bargaining and other union activities without fear of retribution.
Protection from Discrimination
The Fair Work Act prohibits discrimination on various grounds, including:
- Race
- Colour
- Sex
- Sexual orientation
- Age
- Physical or mental disability
- Marital status
- Family or carer’s responsibilities
- Pregnancy
- Religion
- Political opinion
- National extraction or social origin
Discriminatory practices in hiring, promotion, or employment terms are illegal. Employers must ensure that all workplace decisions are made fairly and without bias.
Remedies for Breach of General Protections
If a breach of general protections occurs, several remedies are available, including:
- Reinstatement: Returning the employee to their former position.
- Compensation: Financial compensation for losses suffered due to adverse action.
- Injunctions: Court orders to prevent or stop adverse actions.
- Penalties: Fines against the employer for breaches of the Fair Work Act.
- Lodging a General Protections Claim
Employees wishing to lodge a general protections claim must submit it to the Fair Work Commission (FWC). Claims involving dismissal must be lodged within 21 days of the dismissal taking effect. For non-dismissal claims, the timeframe may vary. The FWC will assess the claim and, if necessary, proceed to a conciliation process aimed at resolving the matter.
Exclusions and Limitations
Not all workers are covered under general protections. Exclusions include:
- Employees earning above the high-income threshold, unless covered by an award or enterprise agreement
- Independent contractors, unless specified otherwise
- Volunteers
Conclusion
Understanding general protections is vital for fostering a fair and compliant workplace in Queensland. These protections ensure that employees can exercise their rights, participate in union activities, and work in an environment free from discrimination and adverse action.
For further information or assistance regarding general protections, please contact Sambi Legal.
