An introduction to the general protections

General protections are the principal statutory guarantees of fair treatment in the workplace and are set out in Pt 3-1 of the Fair Work Act 2009 (FW Act).

These are wide-ranging provisions which provide employees and other persons (ie, prospective employees, contractors and employees of contractors) with broad protection against adverse or unfair treatment taken because of a person’s workplace rights or industrial activities. No qualifying period applies. Unlike unfair dismissal claims, there is no maximum limit applied to the quantum of compensation orders.

These provisions commonly give rise to legal claims against employers and principal contractors. These claims generally rope in “involved persons” such as directors, managers or human resources personnel each of whom may be accessories to the unlawful treatment.

The core requirements of Pt 3-1 are set out in ss 340 and 346.

See An introduction to the general protections.