Know your rights!
Resolving workplace issues can be difficult – so it is essential to know your rights, and to understand what you are entitled to.
This section contains some basic information about workplace laws in Australia.
For example, it is unlawful for an employer to dismiss you, threaten to dismiss you, negatively alter your position, or cause you detriment because:
- You have a workplace right;
- You make an inquiry or complaint in relation to your employment or workplace rights;
- You join the union or participate in lawful activities such as voting on an agreement or taking protected industrial action;
- You perform a representative role in your workplace (such as OH&S representative, harassment officer or union delegate);
- Of your race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
It is unlawful for an employer to place undue influence or pressure on you to agree to change certain employment arrangements. For example your employer can not pressure you to sign an Individual Flexibility Arrangements.
It is unlawful for an employer to coerce you to exercise your workplace rights in a particular way. For example your employer can not pressure you not to take leave to which you are entitled.
An employee, Union or Fair Work Inspector, can enforce a workplace right. Please note that if you are concerned about unfair treatment, particularly involving dismissal, there are tight deadlines in relation to filing any application with the Fair Work Commission.