Australia: Adverse Action on the Basis of Role and Responsibility
The Fair Work Act 2009 (Cth) prohibits adverse action against employees because they have a “role or responsibility” under a workplace law or workplace instrument. A recent decision of the Federal Court of Australia, Hansen v Mt Martha Community Learning Centre Inc  FCA 1099, clarifies the meaning of this phrase for the first time. This decision confirms that in order to satisfy the relevant requirements of the adverse action regime, the agreement must not just refer to a role or responsibility; rather, the agreement must require or authorise the role or responsibility by its operative terms.
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