Part 3-1, Adverse Action and Equality

This article examines the extent to which the ‘adverse action’ provisions in Part 3-1 of the Fair Work Act 2009 (Cth) provide effective protection in relation to two central, but as yet unexplored, issues of equality: reasonable accommodation in relation to attributes including disability and family or carer’s responsibilities, and sexual harassment. It concludes that Part 3-1 is deficient in relation to both these matters, and requires legislative amendment.