As outlined in Chapter 8 of the Industrial Relations Act 2016, the purpose of general protections are as follows:
- to protect workplace rights;
- to protect freedom of association;
- to provide protection from workplace discrimination, and
- to provide effective relief for persons who have been discriminated against, victimised or otherwise adversely affected as a result of unfair treatment.
An employer must not take any "adverse action" against an employee, because that employee has a workplace right, has exercised a workplace right or proposes to exercise that workplace right.
Adverse actions taken against an employee or prospective employee might include:
- dismissing the employee;
- discriminating between employees;
- altering the position of the employee to their disadvantage;
- refuses to employ the prospective employee; or
- offering the prospective employee different (and unfair) terms and conditions, compared to others.
The process of an application relating to general protections is outlined in Practice Direction 4 of 2021.
Once an application is filed, the Respondent must provide a response within 10 business days outlining any objections to the application.
A conciliation conference held before a Member of the Commission is then scheduled in accordance with s 312 of the Industrial Relations Act 2016. Should conciliation be unsuccessful, a certificate is issued by the Commission and the matter may proceed to arbitration.