Adverse Action Jurisdiction - A Fair Work Act Sleeper

Monday 11 October 2010 @ 1.46 p.m. | Industrial Law

In an article by Glen Bartlett of Clayton Utz just posted to Mondaq site Greg describes the "adverse action" jurisdiction as "living up to being a sleeper part of the Fair Work Act 2009". He then provides an interesting look at the Federal Court's  decision in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2010] FCA 590.

This will be an area of growing interest to employers as illustrating the potentially broad nature of the "adverse action" jurisdiction and what it means for processes and decision-making in the workplace.

What are your views on the widening scope of this area of employment law?

Do you have the full book on employment legislation? If not take a look at our Point-in-Time Employment service where you can easily untangle the very complex Fair Work Legislation and its predecessors. Contact us for a Free Trial.