
Contents
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Introduction Introduction
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The Australian Context The Australian Context
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The General Protections The General Protections
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Context Context
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Adverse action Adverse action
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Industrial activity Industrial activity
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Workplace rights Workplace rights
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Compliance Compliance
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Using Part 3-1 Using Part 3-1
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Protecting Worker Voice under Part 3-1 Protecting Worker Voice under Part 3-1
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11 Individualization and the Protection of Worker Voice in Australia
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Published:April 2014
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Abstract
Australian law has provided high levels of statutory protection against anti-union victimization since 1904. This chapter examines the current iterations of those protections in Division 4 of Part 3-1 of the Fair Work Act 2009. It also examines the more wide-ranging protections of worker voice which are currently set out in Division 3 of Part 3-1. Together the Part 3-1 provisions afford significantly higher levels of protection for worker voice than is available in any of the comparator jurisdictions. Significantly, however, they are essentially individualistic in character, and provide the same levels of protection to the right not to join or participate in the activities of a collectivity as to the right to join or participate. Nevertheless, they do provide a measure of protection for collective voice by affording protection to individuals who engage in collective activity.
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