Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 66L

Other rights and obligations

  (1)   An employer must not do any of the following in order to avoid any right or obligation under this Division:

  (a)   reduce or vary an employee's hours of work;

  (b)   change the employee's pattern of work;

  (c)   terminate an employee's employment.

Note:   The general protections provisions in Part   3 - 1 also prohibit the taking of adverse action by an employer against an employee (which includes a casual employee) because of a workplace right of the employee under this Division.

  (2)   Nothing in this Division:

  (a)   requires an employee to change to full - time employment or part - time employment under this Division; or

  (b)   permits an employer to require an employee to change to full - time employment or part - time employment under this Division; or

  (c)   requires an employer to increase the hours of work of an employee who gives a notification to change to full - time employment or part - time employment under this Division.

  (3)   To avoid doubt, each of the following is a workplace right within the meaning of Part   3 - 1:

  (a)   giving an employer a notification under section   66AAB;

  (b)   receiving a response from an employer in accordance with section   66AAC;

  (c)   being taken to be a full - time employee or part - time employee under section   66AAD;

  (d)   receiving an offer or notice in accordance with sections   66B and 66C;

  (e)   accepting an offer and receiving a notice under section   66E;

  (f)   participating in a dispute about the operation of this Division in accordance with sections   66M and 66MA.

Note:   The general protections provisions in Part   3 - 1 prohibit adverse action, coercion, undue influence or pressure, and misrepresentations because of a workplace right of an employee.



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