Fair Work Commission

Protection

This Division protects workplace rights, and the exercise of those rights.

Section 340

1. A person must not take adverse action against another person:
   
   1. because the other person:
      
      1. has a workplace right; or
      2. has, or has not, exercised a workplace right; or
      3. proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
   2. to prevent the exercise of a workplace right by the other person.
2. A person must not take adverse action against another person (the second person) because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs.

What is the protection?

A person must not take adverse action against another person because the other person:

• has a workplace right
• has (or has not) exercised a workplace right, or
• proposes to (or proposes not to) exercise a workplace right.

A person must not take adverse action against another person to prevent the exercise of a workplace right by the other person.

Are there exceptions?

There are no exceptions.