The general protections provisions of the Fair Work Act 2009 aim to protect workplace rights and freedom of association, and to provide protection from workplace discrimination.

A person (such as an employer) must not take any adverse action against another person  (such as an employee) because the other person has a workplace right, has exercised a workplace right, or proposed to exercise a workplace right.

The term workplace right has a broad meaning.  For example, a person has a workplace right if he or she has an entitlement under an award or agreement or a workplace law, is able to initiate a proceeding under a workplace law, or is able to make a complaint or inquiry in relation to their employment.

Adverse action includes dismissing or refusing to employ a person, discrimination against a person  on the basis of race, sex, colour, sexual preference, age, physical or mental disability, marital status, religion, political opinion, national extraction or social origin.

For more information,

1. Unlawful termination
2. Freedom of association

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