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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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