General protections; the test for adverse action

When determining whether an employee or former employee was subject to adverse action for the purposes of the general protections of the Fair Work Act, the courts will apply the “before and after test”.

“Further, to the extent it may be necessary to do so, in considering the claims of adverse action, I have had regard to the application of a ‘before and after’ test that is usually applied to see whether a person has been subjected to adverse action: see Unsworth v Tristar Steering & Suspension Australia Ltd [2008] FCA 1224.”

RANGI & ACTION WORKFORCE PTY LTD & ORS (2019) FCCA 3370 delivered 21 November 2019 per Blake J