Fair Work Act 2009

An employer must not do any of the following in order to avoid any right or obligation under this Division:

reduce or vary an employee’s hours of work;

change the employee’s pattern of work;

terminate an employee’s employment.

The general protections provisions in Part 3‑1 also prohibit the taking of adverse action by an employer against an employee (which includes a casual employee) because of a workplace right of the employee under this Division.

Nothing in this Division:

requires an employee to change to full‑time employment or part‑time employment under this Division; or

permits an employer to require an employee to change to full‑time employment or part‑time employment under this Division; or

requires an employer to increase the hours of work of an employee who gives a notification to change to full‑time employment or part‑time employment under this Division.

To avoid doubt, each of the following is a workplace right within the meaning of Part 3‑1:

giving an employer a notification under section 66AAB;

receiving a response from an employer in accordance with section 66AAC;

being taken to be a full‑time employee or part‑time employee under section 66AAD;

receiving an offer or notice in accordance with sections 66B and 66C;

accepting an offer and receiving a notice under section 66E;

participating in a dispute about the operation of this Division in accordance with sections 66M and 66MA.

The general protections provisions in Part 3‑1 prohibit adverse action, coercion, undue influence or pressure, and misrepresentations because of a workplace right of an employee.