Other workplace protections

Coercion means being forced to do something against your will. Under the general protections, it is unlawful for a person to take, threaten or organise any action to force you to:

• use a workplace right
• not use a workplace right
• propose to use a workplace right
• use a workplace right in a certain way
• not use a workplace right in a certain way
• propose to use a workplace right in a certain way.

For example an employee may be able to apply if their employer threatens to fire them unless they change their roster.

See section 343 of the Fair Work Act 2009.

You may be able to apply under general protections if your employer uses their power to pressure or influence you to:

• make (or not make) an agreement or arrangement under:
  • the National Employment Standards
  • a term of a modern award
  • a term of an enterprise agreement
• agree to an individual flexibility arrangement
• end an individual flexibility arrangement
• accept a guarantee on annual earnings
• agree (or not agree) to deductions being made your pay.

See section 344 of the Fair Work Act 2009.

Misrepresentation is when a person you rely on tells you something that is false or misleading. You may be able to apply under the general protections if a person knowingly (or recklessly):

• makes a misrepresentation about your workplace rights
• makes a misrepresentation about the effect of using your workplace rights.

See section 345 of the Fair Work Act 2009.

Go to the Fair Work Ombudsman's workplace rights section to learn more.