Australia’s new workplace relations system
From July 1 2009, most Australian workplaces are governed by a new system created by the Fair Work Act 2009.
The Fair Work Ombudsman helps employees, employers, contractors and organisations to understand and comply with the new system. We provide advice and information, investigate workplace complaints and enforce Commonwealth workplace laws.
Complaints about workplace discrimination and harassment can also be made to the Australian Human Rights Commission or human rights and anti-discrimination bodies in each State and Territory.
The Fair Work Ombudsman can help people who believe they are being discriminated against at work. We investigate allegations of workplace discrimination and can start legal proceedings against an employer for contravening Commonwealth workplace laws.
We do this to protect employees and prospective employees against workplace discrimination and any related adverse actions of an employer. The discriminatory adverse action provisions of the Fair Work Act 2009 are extremely broad in scope, not differentiating between direct or indirect, inadvertent or deliberate discrimination.
The Fair Work Ombudsman has a particular interest in investigating and addressing indirect and systemic workplace discrimination and discriminatory policies and practices.
What is unlawful workplace discrimination?
Unlawful workplace discrimination occurs when an employer takes adverse action against an employee or prospective employee because of a person’s:
- race
- colour
- sex
- sexual preference
- age
- physical or mental disability
- marital status
- family or carer’s responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin.
Unsure if you've been discriminated against? Call the Fair Work Infoline on 13 13 94
About 'adverse action'
Adverse action is a broad term describing treatment that is unlawful if it has happened because of discrimination. It includes;
- dismissing an employee (eg.termination, retrenchment/redundancy, constructive dismissal, retirement)
- injuring an employee in their employment (eg. limiting access to training/development; limiting promotion opportunities or limiting access to resources)
- altering the position of an employee to the employee’s detriment (eg.demotion, rostering – access to overtime/shifts, classification pay rate, employee benefits);
- discriminating between an employee and other employees of the employer (eg. comparative workload/work complexity, harassment/interpersonal conduct)
- refusing to employ a prospective employee or
- discriminating against a prospective employee on the terms and conditions of offer of employment.
Need more information?
- Fair Work Online, at www.fairwork.gov.au has more info on:
- what you can do about workplace discrimination
- work practices to be wary of (including discrimination).
When to ask the Fair Work Ombudsman for help
Have you been refused a job, dismissed or unfairly treated at work because you're being discriminated against? If this discrimination happened after 1 July 2009 you can make a complaint to the Fair Work Ombudsman to have your matter investigated.
To lodge a complaint go to www.fwo.gov.au
Contact us
- Fair Work Online: www.fairwork.gov.au
- Fair Work Infoline: 13 13 94, Monday to Friday, between 8.00am-6.00pm.
- Need language help?
Contact the Translating and Interpreting Service (TIS) on 13 14 50.
- Hearing & speech impairment
Call through the National Relay Service (NRS):
- For TTY: 13 36 77. Ask for the Fair Work Infoline 13 13 94.
- Speak & Listen: 1300 555 727. Ask for the Fair Work Infoline 13 13 94.