Index an adverse action allegation against the workplace right provisions
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the documents the lawyer selects, name the person said to have taken the action and the person affected, and match the conduct to the item in the section 342(1) table that describes it. Item 1 is an employer against an employee: dismisses, injures the employee in employment, alters the position to the employee's prejudice, or discriminates between the employee and other employees. Item 2 is a prospective employer: refuses to employ, or discriminates in the terms or conditions offered. Item 3 is a principal against an independent contractor, or a person employed or engaged by the contractor: terminates the contract, injures the contractor in relation to the terms and conditions, alters the contractor's position to the contractor's prejudice, refuses to make use of services offered, or refuses to supply goods or services. Item 3A is a digital labour platform operator against an employee-like worker: terminates the contract, injures the worker in relation to the terms, alters the worker's position to the worker's prejudice, refuses to make use of services, or refuses to provide use of or access to the platform. Item 4 is a person proposing to contract with an independent contractor: refuses to engage, discriminates in the terms offered, refuses to make use of services, or refuses to supply goods or services. Item 4A is a platform operator proposing to contract: refuses to agree to provide use of or access to the platform, discriminates in the terms on which use or access would be provided, or refuses to make use of services. Item 5 is an employee against an employer: ceases work, or takes industrial action. Item 6 is an independent contractor against the other party: ceases work, or takes industrial action. Item 6A is an employee-like worker taking industrial action against the platform operator. Item 7 is an industrial association, or an officer or member: organises or takes industrial action, prejudices the person in employment or prospective employment, prejudices an independent contractor in relation to a contract for services, or imposes a penalty, forfeiture or disability on a member other than for money legally owed to the association. Item 8 is an industrial association, officer or member prejudicing an employee-like worker in relation to a contract for use of or access to a digital labour platform. Section 342(2) includes threatening to take action covered by the table, and organising such action. Section 342(3) excludes action authorised by the Act or another Commonwealth law, or by a State or Territory law prescribed by the regulations. Section 342(4) excludes standing down an employee who is engaged in protected industrial action where the contract provides for stand-down in those circumstances, and discrimination against an employer in the circumstances in section 354(2A) or (2B). Those two subsections were not opened. Against section 341(1), mark a benefit, role or responsibility under a workplace law, workplace instrument or industrial-body order; an ability to initiate or participate in a process or proceedings; or an ability to make a complaint or inquiry to a person or body that can seek compliance, or, if the person is an employee, in relation to their employment. The processes in section 341(2) are an FWC conference or hearing, court proceedings, protected industrial action, a protected action ballot, making, varying or terminating an enterprise agreement, appointing or terminating a bargaining representative, an individual flexibility arrangement, cashing out paid annual leave or paid personal or carer's leave, a flexible-work request, a casual-employment notification, offer or notice, dispute settlement, and any other process or proceedings under a workplace law or instrument. Record section 340(1) and (2), including action to prevent exercise of a workplace right and action because a third person exercised or proposes to exercise a workplace right for the second person's benefit or for a class the second person belongs to. Both are civil remedy provisions. Record section 341(3) to (5): a prospective employee is taken to have the workplace rights they would have if employed; an offer conditional on a guarantee of annual earnings does not contravene section 340(1); refusing to employ because the person would be entitled to the benefit of Part 2-8 or 6-3A does not contravene section 340(1). The tool does not decide why the action was taken and does not write the application.
- What the lawyer must review
- The lawyer decides whether adverse action was taken because of a workplace right, and whether an exception applies, and settles anything that is filed.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the documents the lawyer selects, name the person said to have taken the action and the person affected, and match the conduct to the item in the section 342(1) table that describes it. Item 1 is an employer against an employee: dismisses, injures the employee in employment, alters the position to the employee's prejudice, or discriminates between the employee and other employees. Item 2 is a prospective employer: refuses to employ, or discriminates in the terms or conditions offered. Item 3 is a principal against an independent contractor, or a person employed or engaged by the contractor: terminates the contract, injures the contractor in relation to the terms and conditions, alters the contractor's position to the contractor's prejudice, refuses to make use of services offered, or refuses to supply goods or services. Item 3A is a digital labour platform operator against an employee-like worker: terminates the contract, injures the worker in relation to the terms, alters the worker's position to the worker's prejudice, refuses to make use of services, or refuses to provide use of or access to the platform. Item 4 is a person proposing to contract with an independent contractor: refuses to engage, discriminates in the terms offered, refuses to make use of services, or refuses to supply goods or services. Item 4A is a platform operator proposing to contract: refuses to agree to provide use of or access to the platform, discriminates in the terms on which use or access would be provided, or refuses to make use of services. Item 5 is an employee against an employer: ceases work, or takes industrial action. Item 6 is an independent contractor against the other party: ceases work, or takes industrial action. Item 6A is an employee-like worker taking industrial action against the platform operator. Item 7 is an industrial association, or an officer or member: organises or takes industrial action, prejudices the person in employment or prospective employment, prejudices an independent contractor in relation to a contract for services, or imposes a penalty, forfeiture or disability on a member other than for money legally owed to the association. Item 8 is an industrial association, officer or member prejudicing an employee-like worker in relation to a contract for use of or access to a digital labour platform. Section 342(2) includes threatening to take action covered by the table, and organising such action. Section 342(3) excludes action authorised by the Act or another Commonwealth law, or by a State or Territory law prescribed by the regulations. Section 342(4) excludes standing down an employee who is engaged in protected industrial action where the contract provides for stand-down in those circumstances, and discrimination against an employer in the circumstances in section 354(2A) or (2B). Those two subsections were not opened. Against section 341(1), mark a benefit, role or responsibility under a workplace law, workplace instrument or industrial-body order; an ability to initiate or participate in a process or proceedings; or an ability to make a complaint or inquiry to a person or body that can seek compliance, or, if the person is an employee, in relation to their employment. The processes in section 341(2) are an FWC conference or hearing, court proceedings, protected industrial action, a protected action ballot, making, varying or terminating an enterprise agreement, appointing or terminating a bargaining representative, an individual flexibility arrangement, cashing out paid annual leave or paid personal or carer's leave, a flexible-work request, a casual-employment notification, offer or notice, dispute settlement, and any other process or proceedings under a workplace law or instrument. Record section 340(1) and (2), including action to prevent exercise of a workplace right and action because a third person exercised or proposes to exercise a workplace right for the second person's benefit or for a class the second person belongs to. Both are civil remedy provisions. Record section 341(3) to (5): a prospective employee is taken to have the workplace rights they would have if employed; an offer conditional on a guarantee of annual earnings does not contravene section 340(1); refusing to employ because the person would be entitled to the benefit of Part 2-8 or 6-3A does not contravene section 340(1). The tool does not decide why the action was taken and does not write the application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the conduct to one item in the section 342(1) table, including a threat or organising under section 342(2).
- Identify the workplace right in section 341(1) and, if a process is relied on, the paragraph of section 341(2).
- Flag section 342(3) and (4) and the prospective-employee rules in section 341(4) and (5) for the lawyer. Do not decide the reason for the action.
Sources
- Fair Work Act 2009 (Cth) s 340 · 2026-10-22
- Fair Work Act 2009 (Cth) s 341 · 2026-10-22
- Fair Work Act 2009 (Cth) s 342 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.