Freedom of association employment advocate action

Cases

Freedom of association employment advocate action

An employer who allegedly failed to offer work to a current employee because the employee chose not to sign an Australian Workplace Agreement (AWA) has been settled on terms which include the payment of an undisclosed sum to the employee concerned.

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An employer who allegedly failed to offer work to a current employee because the employee chose not to sign an Australian Workplace Agreement (AWA) has been settled on terms which include the payment of an undisclosed sum to the employee concerned. The payment was made by the employer with an express denial of liability.

Also included in the terms of settlement was a requirement that the employer distribute to its employees and prospective employees a statement to the effect that an employee's employment would not be prejudiced as a result of an employee's decision to be covered by either the relevant award or an AWA.

The action under the freedom of association provisions of the Workplace Relations Act 1996was instituted by the Employment Advocate against an employer in the leisure industry.

The freedom of association provisions, amongst other things, protect employees from being discriminated against on the grounds they are entitled to benefits under an award. Also, employees are protected against discrimination when they have made an inquiry or complaint to a person or body with the capacity to seek compliance with the Workplace Relations Act 1996(eg the Employment Advocate).

 

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