The Fair Work Act 2009 provides protections and prohibitions that ensure workplace rights for employees and prevent adverse action by employers.

General protections claims are often made in relation to dismissals, demotions and suspensions where workplace rights exist and are known.

The general protections provisions are complex, and often businesses can find themselves on the receiving end of a Fair Work Commission (FWC) claim. These cases can be costly for business.

The recent High Court decision in Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27 unanimously held that protection was afforded to future workplace rights, even if those rights never arise.

The decision is a reminder that protection will be afforded to future workplace rights, which businesses must be aware of when making commercial business decisions.

This extension is significant and will impact the way decisions are made, including for example:

• Restructuring operations to avoid the exercise of a right, including enterprise bargaining
• Deliberately terminating employment to prevent an employee gaining access to the unfair dismissal jurisdiction through the completion of six months’ continuous service (or 12 months for small business).

It is a timely reminder of how far-reaching the provisions can be and how important it is to carefully consider the circumstances before making business decisions.

To learn more, join Victorian Chamber General Manager Workplace Relations and Wellbeing Amy Bell, who will examine the general protections provisions during a two-hour deep dive into the decision and its impacts, including:

• An overview of the general protections (adverse action) provisions
• An analysis of the decision including the arguments of Qantas, the TWU and the Minister for Employment and Workplace Relations
• A summary of how the decision extends the general protections provisions
• Examples of how and when adverse action could be taken in line with the decision
• Practical guidance to support businesses and help avoid adverse action, as well as the actions you can take if you do receive an employee claim.
• This in-depth online session is a must for any HR practitioner, director or business owner responsible for employing, managing and terminating employees.

More information is available on the IR in the spotlight: a deep dive in to the High Court’s Qantas v TWU decision event page. The cost of this includes a 30-minute consultation with a Workplace Relations and Wellbeing Consultant. The consultation can be booked after the webinar and is available for up to three months.

How the Victorian Chamber can help

Taking advice at an early stage is vital, as is carefully documenting the steps taken. If you are contemplating taking action, whether that’s dismissing an employee, restricting your operations, or suspending an employee pending an investigation or disciplinary process, take advice.

The Victorian Chamber’s skilled and experienced team of Workplace Relations and Wellbeing Consultants are on hand to support you. Get in touch today by calling the Workplace Relations Advice Line on 03 886 5222.

If your business has received a claim and you’d like to discuss your strategy or have the team represent you, get in touch or learn about our packages including HR Defend here.