Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 282

282 Meaning of adverse action

(1)
"Adverse action" is taken by an employer against an employee if the employer—

(a) dismisses the employee; or

(b) injures the employee in the employee’s employment; or

(c) alters the position of the employee to the employee’s prejudice; or

(d) discriminates between the employee and other employees of the employer.

(2)
"Adverse action" is taken by a prospective employer against a prospective employee if the prospective employer—

(a) refuses to employ the prospective employee; or

(b) discriminates against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee.

(3)
"Adverse action" is taken by an employee against an employer if the employee—

(a) ceases work in the service of the employer; or

(b) takes industrial action against the employer.

(4)
"Adverse action" is taken by an industrial organisation, or an officer or member of an industrial organisation, against a person if the organisation, or the officer or member of the organisation—

(a) organises or takes industrial action against the person; or

(b) takes action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment; or

(c) if the person is a member of the organisation—imposes a penalty, forfeiture or disability of any kind on the member (other than in relation to an amount legally owed to the organisation by the member).

(5)
"Adverse action" includes—

(a) threatening to take action covered by subsections (1) to (4) ; and

(b) organising to take action covered by subsections (1) to (4) .

(6)
"Adverse action" does not include action that is authorised under—

(a) this Act or any other law of the State; or

(b) a law of the Commonwealth.

(7) Without limiting subsection (6) ,
"adverse action" does not include an employer standing down an employee who is engaged in protected industrial action and employed under a contract of employment that provides for the employer to stand down the employee in the circumstances.