The general protections; discrimination
The general protections of the Fair Work Act prohibit the taking of certain action by one person against another (including but not limited to an employer against an employee) if one of the reasons for the taking of that action is prohibited.
One of the main actions which is rendered unlawful if taken for a prohibited reason is adverse action. That expression is very widely defined in the Act and essentially includes any action which has an adverse or negative effect upon that person. This includes in the case of an employee a dismissal, demotion or disciplinary process, even in certain circumstances the commencement of an investigation about an employee’s alleged conduct.
What is prohibited is the taking of adverse action BECAUSE of a prohibited reason. Prohibited reasons include (but once again are not limited to) the exercise of a workplace right, being temporarily absent from work due to illness or a specified type of injury, taking protected industrial action and where the reason is discrimination on the prohibited grounds set out in sec 351 of the Act such as age, colour, sex, physical or mental disability etc; these include most of the prohibited acts of discrimination which are understood by most Australians.
However it is not unlawful to take any of this action if the action is taken because of the inherent requirements of the particular position concerned; sub-sec 351(2)(b).