In Australia, employees are lucky enough to be afforded rights through government legislation. These promote fair treatment, conditions and equal opportunity. The majority of these rights exist in the Fair Work Act 2009 and are known as “General Protections.”
Although these are a legal entitlement, they’re difficult to enforce without employee action. That’s why it’s essential for you to educate yourself on these rights, and take action if they’re breached.
To start with, let’s delve into what these protections include and how they apply to you.
What are General Protections?
General Protections encompass a set of rights designed to ensure fairness and equity in the workplace. They safeguard employees from adverse actions by employers and promote the exercise of workplace rights without fear of repercussions.
Key Components of General Protections:
Freedom from Adverse Actions:
Employers are prohibited from taking adverse actions against employees based on attributes such as race, sex, age, disability, religion, political opinion, or union affiliation.
Industrial Activities:
You have the right to participate in industrial activities, join a union, request flexible work arrangements, or file a complaint without facing any detrimental treatment from your employer.
Protection from Discrimination:
Discrimination based on personal attributes is strictly prohibited. You should never be treated unfairly or differently due to your race, gender, age, or other protected attributes.
Your Rights in Detail
Adverse Actions
Adverse actions refer to actions taken by an employer that harm your employment or working conditions. These actions can include termination, demotion, disciplinary actions, or changes to your employment status. It’s essential to know that adverse actions are illegal if they are taken against you for exercising your workplace rights.
Workplace Rights Exercise
You have the right to participate in industrial actions, join a union, or request flexible working arrangements. Employers are required to respect your choices and must not subject you to any negative treatment or discrimination as a result.
Discrimination Protection
The Fair Work Act prohibits discrimination based on race, sex, age, disability, religion, and other protected attributes. Discrimination can manifest in various forms, including unfair treatment, harassment, or denial of opportunities. If you experience discrimination, it’s important to report it and seek appropriate action.
What to Do If Your Rights Are Violated
If you believe your rights under the General Protections have been violated, take the following steps:
Document Incidents:
Maintain a record of incidents, including dates, times, locations, people involved, and details of what occurred.
Speak with Your Employer:
Express your concerns to your employer or human resources department, providing evidence and seeking a resolution.
Contact a Union:
If you are a union member, seek assistance from your union representative. They can provide guidance and support during the process.
Fair Work Ombudsman
A person who believes they have been subject to a general protections contravention can request assistance from the Fair Work Ombudsman (FWO) by submitting an online enquiry or calling 13 13 94.
Consult Legal Assistance:
If the issue persists, consult an employment lawyer or human resources consultant to explore your options.
Creating Fairer Workplaces
We encourage open communication, and if you ever have concerns about your rights or any workplace matter, please don’t hesitate to reach out to us.
Remember, understanding and asserting your rights is a crucial step towards creating a workplace that respects and values its employees. Stay informed, empowered, and confident in advocating for your rights.