General Protections & Adverse Action (Fair Work Act s.340)

What it covers

Section 340 of the Fair Work Act 2009 (Cth) protects employees from adverse action taken against them because they have, or exercised, a “workplace right.” A workplace right includes things like:

• Making a complaint or inquiry about your employment (to your employer, HR, or an external body like the Fair Work Ombudsman or your union)
• Being a union member, or participating in lawful industrial activity
• Exercising an entitlement under an award, agreement, or the National Employment Standards

Adverse action includes dismissal, demotion, unfavourable changes to your role, refusal to offer a benefit you’re entitled to, or discrimination.

What it doesn’t cover

The action has to be taken because of the protected reason. An employer acting for a genuine, unrelated reason (e.g. a real performance issue, unconnected to your complaint) is not automatically caught. In practice, once you show you had a workplace right and adverse action followed, the onus shifts to the employer to prove it wasn’t for a prohibited reason — but the specifics matter a lot and are fact-dependent.

Where to go next

• Fair Work Commission: General protections and harmful (adverse) action
• Full text: Fair Work Act 2009 (Cth) s.340, AustLII
• If you think this applies to you, there are strict time limits (21 days from dismissal for a dismissal-related general protections claim) — talk to your union delegate or a solicitor promptly rather than waiting.

This is a general explainer, not legal advice about your specific situation. [Draft — please have this reviewed for accuracy before relying on it publicly.]