Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 333H

Anti - avoidance

  (1)   A person must not do any of the following in order to avoid any right or prohibition under this Division:

  (a)   terminate an employee's employment for a period;

  (b)   delay re - engaging an employee for a period;

  (ba)   not re - engage an employee and instead engage another person to perform the same, or substantially similar, work for the person as the employee had performed for the person;

  (c)   change the nature of the work or tasks the employee is required to perform for the person;

  (d)   otherwise alter an employment relationship.

Note:   The general protections provisions in Part   3 - 1 also prohibit the taking of adverse action by an employer against an employee (which includes an employee on a fixed term contract) because of a workplace right of the employee under this Division.

  (2)   For the purposes of subsection   (1), a person takes action for a particular reason if the reasons for the action include that reason.



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