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GOAL RULE Fair Work Act 2009 - section 339 - who is covered by the general protections? PROVIDES
the applicant is covered by the general protections ONLY IF
the applicant is a person covered by the general protections AND
there is action to which Fair Work Act 2009 - part 3-1 applies

RULE a person covered by the general protections PROVIDES
the applicant is a person covered by the general protections ONLY IF
the applicant is not volunteer AND
BEGIN
the applicant is a employer or prospective employer OR
BEGIN
the applicant is a employee or prospective employee AND
the applicant is not member of the Australian Defense Force
END
OR
the applicant is an independent contractor or prospective independent contractor OR
the applicant is a person (the principal) who has entered into a contract for services with an independent contractor or a person (the principal) who proposes to enter into a contract OR
the applicant is an industrial association or an officer of member of an industrial association 
END

RULE Fair Work Act 2009 - section 338 - action to which part 3-1 applies PROVIDES
there is action to which Fair Work Act 2009 - part 3-1 applies ONLY IF
there is action taken by a constitutionally-covered entity OR
there is action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally-covered entity OR
there is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to take, or not take, particular action in relation to another person OR
there is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to threaten to take, or not take, particular action in relation to another person OR
there is action taken in a Territory OR
there is action taken in a Commonwealth place OR
there is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer OR
there is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer OR
there is action taken by an employee of a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect the employee's employer OR
there is action taken by an employee of a Territory employer that affects, is capable of affecting or is taken with intent to affect the employee's employer

RULE Fair Work Act 2009 - section 338(2) - constitutionally-covered entity PROVIDES
there is action taken by a constitutionally-covered entity ONLY IF
the entity is a constitutional corporation OR
the entity is the Commonwealth OR
the entity is a Commonwealth authority OR
the entity is a body corporate incorporated in a Territory OR
the entity is an organisation

RULE Fair Work Act 2009 - section 338(2) - a constitutional corporation PROVIDES
the entity is a constitutional corporation ONLY IF
the entity is a corporation to which paragraph 51(xx) of the Constitution applies

RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation PROVIDES
the entity is a corporation to which paragraph 51(xx) of the Constitution applies ONLY IF
the entity is a foreign corporation OR
the entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth

RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - foreign corporation PROVIDES
the entity is a foreign corporation ONLY IF
the entity a corporation formed outside of Australia which employs an employee to work in its business in Australia

RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation PROVIDES
the entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth ONLY IF
the entity is a trading corporation formed within the limits of the Commonwealth OR
the entity is a financial corporation formed within the limits of the Commonwealth

RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - trading corporation PROVIDES
the entity is a trading corporation formed within the limits of the Commonwealth ONLY IF
the entity is providing goods or services for payment AND
the trading activity is a sufficiently significant proportion of overall activities of the entity AND
the entity is formed within the limits of the Commonwealth

RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - financial corporation PROVIDES
the entity is a financial corporation formed within the limits of the Commonwealth ONLY IF
the entity is a corporation which borrows and lends or otherwise deals in finance as its principal or characteristic activity AND
the financial activity is a sufficiently significant proportion of the activities of the entity AND
the entity is formed within the limits of the Commonwealth

RULE Fair Work Act 2009 - section 338(2) - the Commonwealth PROVIDES
the entity is the Commonwealth ONLY IF
the entity is the Commonwealth of Australia represented by Government Department or Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory

RULE Fair Work Act 2009 - section 12 - organisation PROVIDES
the entity is an organisation ONLY IF
the entity is an organisation registered under Fair Work (Registerd Organisation) Act 2009

RULE Fair Work Act 2009 - section 338(1) - territory PROVIDES
there is action taken in a Territory ONLY IF
there is action taken in any land within Australia’s national border that is not part of one of the states

RULE Fair Work Act 2009 - section 338(1) - Commonwealth place PROVIDES
there is action taken in a Commonwealth place ONLY IF
there is action taken in a place acquired by the Commonwealth for public purposes, other than the seat of government

RULE Fair Work Act 2009 - section 338(3) - trade and commerse employer PROVIDES
there is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IF
the employer is a trade and commerce employer
the employer is is a national system employer within the meaning of paragraph 14(d)

RULE Fair Work Act 2009 - section 14(1)(d) - the meaning of national system employer PROVIDES
the employer is is a national system employer within the meaning of paragraph 14(d) ONLY IF
the employer is in connection with constitutional trade or commerce AND
the employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a flight crew officer OR
the employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a maritime employee OR
the employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a waterside worker

RULE Fair Work Act 2009 - section 12 - constitutional trade or commerce PROVIDES
the employer is in connection with constitutional trade or commerce ONLY IF
the employer is in connection with trade or commerce between Australia and a place outside Australia OR
the employer is in connection with trade or commerce among the States OR
the employer is in connection with trade or commerce between a State and a Territory OR
the employer is in connection with trade or commerce between 2 Territories OR
the employer is in connection with trade or commerce within a Territory

RULE Fair Work Act 2009 - section 14(1)(f) - a Territory employer PROVIDES
there is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IF
the employer is a person who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person employs, or usually employs, an individual in connection with the activity carried on in the Territory

GOAL RULE Fair Work Act 2009 - section 342 - what is adverse action? PROVIDES
there is adverse action against another person ONLY IF
Fair Work Act 2009 - section 342(1) applies AND
Fair Work Act 2009 - section 342(3) does not apply AND
Fair Work Act 2009 - section 342(4) does not apply

RULE Fair Work Act 2009 - section 342(1) - adverse action PROVIDES
Fair Work Act 2009 - section 342(1) applies ONLY IF
there is adverse action taken by an employer against an employee OR
there is adverse action taken by a prospective employer against a prospective employee OR
there is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor OR
there is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor OR
there is adverse action taken by an employee against his or her employer OR
there is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor OR
there is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person
 
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 1 PROVIDES
there is adverse action taken by an employer against an employee ONLY IF
the employer treatens to, organises or takes action by dismissing the employee OR
the employer treatens to, organises or takes action by injuring the employee in his or her employment OR
the employer treatens to, organises or takes action by altering the position of the employee to the employee's prejudice OR
the employer treatens to, organises or takes action by discriminating between the employee and other employees of the employer

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 2 PROVIDES
there is adverse action taken by a prospective employer against a prospective employee ONLY IF
the prospective employer threatens to, organises or takes action by refusing to employ the prospective employee OR
the prospective employer threatens to, organises or takes action by discriminating against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 3 PROVIDES
there is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IF
the principal treatens to, organises or takes action by terminating the contract OR
the principal treatens to, organises or takes action by injuring the independent contractor in relation to the terms and conditions of the contract OR
the principal treatens to, organises or takes action by altering the position of the independent contractor to the independent contractor’s prejudice OR
the principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor OR
the principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 4 PROVIDES
there is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IF
the principal treatens to, organises or takes action by refusing to engage the independent contractor OR
the principal treatens to, organises or takes action by discriminating against the independent contractor in the terms or conditions on which the principal offers to engage the independent contractor OR
the principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor OR
the principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 5 PROVIDES
there is adverse action taken by an employee against his or her employer ONLY IF
the employee treatens to, organises or takes action by ceasing work in the service of the employer OR
the employee treatens to, organises or takes action by taking industrial action against the employer

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 6 PROVIDES
there is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor ONLY IF
the independent contractor treatens to, organises or takes action by ceasing work under the contract OR
the independent contractor treatens to, organises or takes action by taking industrial action against the principal

RULE Fair Work Act 2009 - section 342(1) - adverse action - item 7 PROVIDES
there is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person ONLY IF
the industrial association, or the officer or member of the industrial association treatens to, organises or takes action by organising or taking industrial action against the person OR
the industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment OR
the industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the independent contractor in relation to a contract for services (if the person is an independent contractor) OR
the industrial association, or the officer or member of the industrial association treatens to, organises or takes action by imposing a penalty, forfeiture or disability of any kind on the member (other than in relation to money legally owed to the association by the member)(if the person is a member of the association)

RULE Fair Work Act 2009 - section 342(3) PROVIDES
Fair Work Act 2009 - section 342(3) applies ONLY IF
there is action (including omission) that is authorised by or under Fair Work Act 2009 and Fair Work Regulations 2009 OR
there is action (including omission) that is authorised by or under any other law of the Commonwealth OR
there is action (including omission) that is authorised by or under a law of a State or Territory prescribed by the regulations

RULE Fair Work Act 2009 - section 342(4) PROVIDES
Fair Work Act 2009 - section 342(4) applies ONLY IF
the employer stands down an employee AND
the employee is engaged in protected industrial action AND
the employee employed under a contract of employment that provides for the employer to stand down the employee in the circumstances

RULE Fair Work Act 2009 - section 408 - protected industrial action PROVIDES
the employee is engaged in protected industrial action ONLY IF
the employee is engaged in employee claim action for the agreement within the meaning of Fair Work Act 2009 - section 409 OR
the employee is engaged in employee response action for the agreement within the meaning of Fair Work Act 2009 - section 410 OR
the employee is engaged in employer response action for the agreement within the meaning of Fair Work Act 2009 - section 411

RULE the protections PROVIDES
there is contravention of the general protections ONLY IF
there is contravention of the protection of workplace rights OR
there is contravention of the protection of industrial activities OR
there is contravention of the protection of other protections OR
there is contravention of the protection of sham aggrangements

GOAL RULE Fair Work Act 2009 - section 340 workplace rights PROVIDES 
there is contravention of the protection of workplace rights ONLY IF
a person has a workplace right AND
BEGIN
Fair Work Act 2009 - section 340(1) applies OR
Fair Work Act 2009 - section 340(2) applies OR
Fair Work Act 2009 - section 343 applies OR
Fair Work Act 2009 - section 344 applies OR
Fair Work Act 2009 - section 345 applies
END

RULE Fair Work Act 2009 - section 341 PROVIDES
a person has a workplace right ONLY IF
the person is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body OR
the person is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument OR
the person is able to make a complaint or inquiry to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument OR
the person is able to make a complaint or inquiry in relation to his or her employment if the person is an employee

RULE Fair Work Act 2009 - section 340(1) PROVIDES
Fair Work Act 2009 - section 340(1) applies ONLY IF
there is adverse action against another person AND
BEGIN
the adverse action is taken because the other person has a workplace right OR
the adverse action is taken because the other person has, or has not, exercised a workplace right OR
the adverse action is taken because the other person proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace righ OR
the adverse action is taken to prevent the exercise of a workplace right by the other person
END

RULE Fair Work Act 2009 - section 340(2) PROVIDES
Fair Work Act 2009 - section 340(2) applies ONLY IF
there is adverse action against another person (the second person) AND
the adverse action is taken because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs

RULE Fair Work Act 2009 - section 343 - coercion PROVIDES
Fair Work Act 2009 - section 343 applies ONLY IF
Fair Work Act 2009 - section 343(1) applies AND
Fair Work Act 2009 - section 343(2) does not apply

RULE Fair Work Act 2009 - section 343(1) PROVIDES
Fair Work Act 2009 - section 343(1) applies ONLY IF
a person organises or takes, or threatens to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise or not exercise, or propose to exercise or not exercise, a workplace right OR
a person organises or takes, or threatens to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise, or propose to exercise, a workplace right in a particular way

RULE Fair Work Act 2009 - section 343(2) PROVIDES
Fair Work Act 2009 - section 343(2) applies ONLY IF
a person organises or takes, or threatens to organise or take protected industrial action

RULE Fair Work Act 2009 - section 344 - undue influence or pressure PROVIDES
Fair Work Act 2009 - section 344 applies ONLY IF
an employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement or arrangement under the National Employment Standards OR
an employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement or arrangement under a term of a modern award or enterprise agreement that is permitted to be included in the award or agreement under Fair Work Act 2009 - section 55(2) OR
an employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to agree to, or terminate, an individual flexibility arrangement OR
an employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to accept a guarantee of annual earnings OR
an employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to agree, or not agree, to a deduction from amounts payable to the employee in relation to the performance of work

RULE Fair Work Act 2009 - section 345 PROVIDES
Fair Work Act 2009 - section 345 applies ONLY IF
Fair Work Act 2009 - section 345(1) applies
Fair Work Act 2009 - section 345(2) does not apply

RULE Fair Work Act 2009 - section 345(1) PROVIDES
Fair Work Act 2009 - section 345(1) applies ONLY IF
a person makes knowingly or recklessly a false or misleading representation about the workplace rights of another person OR
a person makes knowingly or recklessly a false or misleading representation about the exercise, or the effect of the exercise, of a workplace right by another person

RULE Fair Work Act 2009 - section 345(2) PROVIDES
Fair Work Act 2009 - section 345(2) applies ONLY IF
there is expectation that the person to whom the representation is made would rely on the representation

/* Links */
LINK Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory TO https://www.finance.gov.au/government/managing-commonwealth-resources/structure-australian-government-public-sector/pgpa-act-flipchart-list

RULE Fair Work Act 2009 - section 338 - action to which part 3-1 applies PROVIDESFair Work Act 2009 - section 338 applies ONLY IFthere is action taken by a constitutionally-covered entity ORthere is action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally-covered entity ORthere is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to take, or not take, particular action in relation to another person ORthere is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to threaten to take, or not take, particular action in relation to another person ORthere is action taken in a Territory ORthere is action taken in a Commonwealth place ORthere is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ORthere is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ORthere is action taken by an employee of a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect the employee's employer ORthere is action taken by an employee of a Territory employer that affects, is capable of affecting or is taken with intent to affect the employee's employer
RULE Fair Work Act 2009 - section 338(2) - constitutionally-covered entity PROVIDESthere is action taken by a constitutionally-covered entity ONLY IFthe entity is a constitutional corporation ORthe entity is the Commonwealth ORthe entity is a Commonwealth authority ORthe entity is a body corporate incorporated in a Territory ORthe entity is an organisation
RULE Fair Work Act 2009 - section 338(2) - a constitutional corporation PROVIDESthe entity is a constitutional corporation ONLY IFthe entity is a corporation to which paragraph 51(xx) of the Constitution applies
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation PROVIDESthe entity is a corporation to which paragraph 51(xx) of the Constitution applies ONLY IFthe entity is a foreign corporation ORthe entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - foreign corporation PROVIDESthe entity is a foreign corporation ONLY IFthe entity a corporation formed outside of Australia which employs an employee to work in its business in Australia
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation PROVIDESthe entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth ONLY IFthe entity is a trading corporation formed within the limits of the Commonwealth ORthe entity is a financial corporation formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - trading corporation PROVIDESthe entity is a trading corporation formed within the limits of the Commonwealth ONLY IFthe entity is providing goods or services for payment ANDthe trading activity is a sufficiently significant proportion of overall activities of the entity ANDthe entity is formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - financial corporation PROVIDESthe entity is a financial corporation formed within the limits of the Commonwealth ONLY IFthe entity is a corporation which borrows and lends or otherwise deals in finance as its principal or characteristic activity ANDthe financial activity is a sufficiently significant proportion of the activities of the entity ANDthe entity is formed within the limits of the Commonwealth
RULE Fair Work Act 2009 - section 338(2) - the Commonwealth PROVIDESthe entity is the Commonwealth ONLY IFthe entity is the Commonwealth of Australia represented by Government Department or Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory
RULE Fair Work Act 2009 - section 12 - organisation PROVIDESthe entity is an organisation ONLY IFthe entity is an organisation registered under Fair Work (Registerd Organisation) Act 2009
RULE Fair Work Act 2009 - section 338(1) - territory PROVIDESthere is action taken in a Territory ONLY IFthere is action taken in any land within Australia’s national border that is not part of one of the states
RULE Fair Work Act 2009 - section 338(1) - Commonwealth place PROVIDESthere is action taken in a Commonwealth place ONLY IFthere is action taken in a place acquired by the Commonwealth for public purposes, other than the seat of government
RULE Fair Work Act 2009 - section 338(3) - trade and commerse employer PROVIDESthere is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IFthe employer is a trade and commerce employerthe employer is is a national system employer within the meaning of paragraph 14(d)
RULE Fair Work Act 2009 - section 14(1)(d) - the meaning of national system employer PROVIDESthe employer is is a national system employer within the meaning of paragraph 14(d) ONLY IFthe emplyer is in connection with constitutional trade or commerce ANDthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a flight crew officer ORthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a maritime employee ORthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a waterside worker
RULE Fair Work Act 2009 - section 12 - constitutional trade or commerce PROVIDESthe emplyer is in connection with constitutional trade or commerce ONLY IFthe emplyer is in connection with trade or commerce between Australia and a place outside Australia ORthe emplyer is in connection with trade or commerce among the States ORthe emplyer is in connection with trade or commerce between a State and a Territory ORthe emplyer is in connection with trade or commerce between 2 Territories ORthe emplyer is in connection with trade or commerce within a Territory
RULE Fair Work Act 2009 - section 14(1)(f) - a Territory employer PROVIDESthere is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IFthe employer is a person who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person employs, or usually employs, an individual in connection with the activity carried on in the Territory
RULE Fair Work Act 2009 - section 342 - meaning of adverse action PROVIDESthere is adverse action ONLY IFFair Work Act 2009 - section 342(1) applies ANDFair Work Act 2009 - section 342(3) does not apply ANDFair Work Act 2009 - section 342(4) does not apply
RULE Fair Work Act 2009 - section 342(1) - adverse action PROVIDESFair Work Act 2009 - section 342(1) applies ONLY IFthere is adverse action taken by an employer against an employee ORthere is adverse action taken by a prospective employer against a prospective employee ORthere is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ORthere is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ORthere is adverse action taken by an employee against his or her employer ORthere is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor ORthere is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person RULE Fair Work Act 2009 - section 342(1) - adverse action - item 1 PROVIDESthere is adverse action taken by an employer against an employee ONLY IFthe employer treatens to, organises or takes action by dismissing the employee ORthe employer treatens to, organises or takes action by injuring the employee in his or her employment ORthe employer treatens to, organises or takes action by altering the position of the employee to the employee's prejudice ORthe employer treatens to, organises or takes action by discriminating between the employee and other employees of the employer
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 2 PROVIDESthere is adverse action taken by a prospective employer against a prospective employee ONLY IFthe prospective employer threatens to, organises or takes action by refusing to employ the prospective employee ORthe prospective employer threatens to, organises or takes action by discriminating against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 3 PROVIDESthere is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IFthe principal treatens to, organises or takes action by terminating the contract ORthe principal treatens to, organises or takes action by injuring the independent contractor in relation to the terms and conditions of the contract ORthe principal treatens to, organises or takes action by altering the position of the independent contractor to the independent contractor’s prejudice ORthe principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor ORthe principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 4 PROVIDESthere is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IFthe principal treatens to, organises or takes action by refusing to engage the independent contractor ORthe principal treatens to, organises or takes action by discriminating against the independent contractor in the terms or conditions on which the principal offers to engage the independent contractor ORthe principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor ORthe principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 5 PROVIDESthere is adverse action taken by an employee against his or her employer ONLY IFthe employee treatens to, organises or takes action by ceasing work in the service of the employer ORthe employee treatens to, organises or takes action by taking industrial action against the employer
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 6 PROVIDESthere is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor ONLY IFthe independent contractor treatens to, organises or takes action by ceasing work under the contract ORthe independent contractor treatens to, organises or takes action by taking industrial action against the principal
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 7 PROVIDESthere is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person ONLY IFthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by organising or taking industrial action against the person ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the independent contractor in relation to a contract for services (if the person is an independent contractor) ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by imposing a penalty, forfeiture or disability of any kind on the member (other than in relation to money legally owed to the association by the member)(if the person is a member of the association)
RULE Fair Work Act 2009 - section 342(3) PROVIDESFair Work Act 2009 - section 342(3) applies ONLY IFthere is action (including omission) that is authorised by or under Fair Work Act 2009 and Fair Work Regulations 2009 ORthere is action (including omission) that is authorised by or under any other law of the Commonwealth ORthere is action (including omission) that is authorised by or under a law of a State or Territory prescribed by the regulations
RULE Fair Work Act 2009 - section 342(4) PROVIDESFair Work Act 2009 - section 342(4) applies ONLY IFthe employer stands down an employee ANDthe employee is engaged in protected industrial action ANDthe employee employed under a contract of employment that provides for the employer to stand down the employee in the circumstances
RULE Fair Work Act 2009 - section 408 - protected industrial action PROVIDESthe employee is engaged in protected industrial action ONLY IFthe employee is engaged in employee claim action for the agreement within the meaning of Fair Work Act 2009 - section 409 ORthe employee is engaged in employee response action for the agreement within the meaning of Fair Work Act 2009 - section 410 ORthe employee is engaged in employer response action for the agreement within the meaning of Fair Work Act 2009 - section 411/* Links */LINK Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory TO https://www.finance.gov.au/government/managing-commonwealth-resources/structure-australian-government-public-sector/pgpa-act-flipchart-list

GOAL RULE Fair Work Act 2009 - section 339 - who is covered by the general protections? PROVIDESthe applicant is covered by the general protections ONLY IFthe applicant is a person covered by the general protections ANDthere is action to which Fair Work Act 2009 - part 3-1 applies
RULE a person covered by the general protections PROVIDESthe applicant is a person covered by the general protections ONLY IFthe applicant is not volunteer ANDBEGINthe applicant is a employer or prospective employer ORBEGINthe applicant is a employee or prospective employee ANDthe applicant is not member of the Australian Defense ForceENDORthe applicant is an independent contractor or prospective independent contractor ORthe applicant is a person (the principal) who has entered into a contract for services with an independent contractor or a person (the principal) who proposes to enter into a contract ORthe applicant is an industrial association or an officer of member of an industrial association END
RULE Fair Work Act 2009 - section 338 - action to which part 3-1 applies PROVIDESthere is action to which Fair Work Act 2009 - part 3-1 applies ONLY IFthere is action taken by a constitutionally-covered entity ORthere is action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally-covered entity ORthere is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to take, or not take, particular action in relation to another person ORthere is action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity to threaten to take, or not take, particular action in relation to another person ORthere is action taken in a Territory ORthere is action taken in a Commonwealth place ORthere is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ORthere is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ORthere is action taken by an employee of a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect the employee's employer ORthere is action taken by an employee of a Territory employer that affects, is capable of affecting or is taken with intent to affect the employee's employer
RULE Fair Work Act 2009 - section 338(2) - constitutionally-covered entity PROVIDESthere is action taken by a constitutionally-covered entity ONLY IFthe entity is a constitutional corporation ORthe entity is the Commonwealth ORthe entity is a Commonwealth authority ORthe entity is a body corporate incorporated in a Territory ORthe entity is an organisation
RULE Fair Work Act 2009 - section 338(2) - a constitutional corporation PROVIDESthe entity is a constitutional corporation ONLY IFthe entity is a corporation to which paragraph 51(xx) of the Constitution applies
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation PROVIDESthe entity is a corporation to which paragraph 51(xx) of the Constitution applies ONLY IFthe entity is a foreign corporation ORthe entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - foreign corporation PROVIDESthe entity is a foreign corporation ONLY IFthe entity a corporation formed outside of Australia which employs an employee to work in its business in Australia
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation PROVIDESthe entity is a trading corporation or a financial corporation formed within the limits of the Commonwealth ONLY IFthe entity is a trading corporation formed within the limits of the Commonwealth ORthe entity is a financial corporation formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - trading corporation PROVIDESthe entity is a trading corporation formed within the limits of the Commonwealth ONLY IFthe entity is providing goods or services for payment ANDthe trading activity is a sufficiently significant proportion of overall activities of the entity ANDthe entity is formed within the limits of the Commonwealth
RULE Commonwealth of Australia Constitution Act - section 51 - constitutional corporation - trading or financial corporation - financial corporation PROVIDESthe entity is a financial corporation formed within the limits of the Commonwealth ONLY IFthe entity is a corporation which borrows and lends or otherwise deals in finance as its principal or characteristic activity ANDthe financial activity is a sufficiently significant proportion of the activities of the entity ANDthe entity is formed within the limits of the Commonwealth
RULE Fair Work Act 2009 - section 338(2) - the Commonwealth PROVIDESthe entity is the Commonwealth ONLY IFthe entity is the Commonwealth of Australia represented by Government Department or Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory
RULE Fair Work Act 2009 - section 12 - organisation PROVIDESthe entity is an organisation ONLY IFthe entity is an organisation registered under Fair Work (Registerd Organisation) Act 2009
RULE Fair Work Act 2009 - section 338(1) - territory PROVIDESthere is action taken in a Territory ONLY IFthere is action taken in any land within Australia’s national border that is not part of one of the states
RULE Fair Work Act 2009 - section 338(1) - Commonwealth place PROVIDESthere is action taken in a Commonwealth place ONLY IFthere is action taken in a place acquired by the Commonwealth for public purposes, other than the seat of government
RULE Fair Work Act 2009 - section 338(3) - trade and commerse employer PROVIDESthere is action taken by a trade and commerce employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IFthe employer is a trade and commerce employerthe employer is is a national system employer within the meaning of paragraph 14(d)
RULE Fair Work Act 2009 - section 14(1)(d) - the meaning of national system employer PROVIDESthe employer is is a national system employer within the meaning of paragraph 14(d) ONLY IFthe employer is in connection with constitutional trade or commerce ANDthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a flight crew officer ORthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a maritime employee ORthe employer is a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as a waterside worker
RULE Fair Work Act 2009 - section 12 - constitutional trade or commerce PROVIDESthe employer is in connection with constitutional trade or commerce ONLY IFthe employer is in connection with trade or commerce between Australia and a place outside Australia ORthe employer is in connection with trade or commerce among the States ORthe employer is in connection with trade or commerce between a State and a Territory ORthe employer is in connection with trade or commerce between 2 Territories ORthe employer is in connection with trade or commerce within a Territory
RULE Fair Work Act 2009 - section 14(1)(f) - a Territory employer PROVIDESthere is action taken by a Territory employer that affects, is capable of affecting or is taken with intent to affect an employee of the employer ONLY IFthe employer is a person who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person employs, or usually employs, an individual in connection with the activity carried on in the Territory
GOAL RULE Fair Work Act 2009 - section 342 - what is adverse action? PROVIDESthere is adverse action against another person ONLY IFFair Work Act 2009 - section 342(1) applies ANDFair Work Act 2009 - section 342(3) does not apply ANDFair Work Act 2009 - section 342(4) does not apply
RULE Fair Work Act 2009 - section 342(1) - adverse action PROVIDESFair Work Act 2009 - section 342(1) applies ONLY IFthere is adverse action taken by an employer against an employee ORthere is adverse action taken by a prospective employer against a prospective employee ORthere is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ORthere is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ORthere is adverse action taken by an employee against his or her employer ORthere is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor ORthere is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person RULE Fair Work Act 2009 - section 342(1) - adverse action - item 1 PROVIDESthere is adverse action taken by an employer against an employee ONLY IFthe employer treatens to, organises or takes action by dismissing the employee ORthe employer treatens to, organises or takes action by injuring the employee in his or her employment ORthe employer treatens to, organises or takes action by altering the position of the employee to the employee's prejudice ORthe employer treatens to, organises or takes action by discriminating between the employee and other employees of the employer
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 2 PROVIDESthere is adverse action taken by a prospective employer against a prospective employee ONLY IFthe prospective employer threatens to, organises or takes action by refusing to employ the prospective employee ORthe prospective employer threatens to, organises or takes action by discriminating against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 3 PROVIDESthere is adverse action taken by a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IFthe principal treatens to, organises or takes action by terminating the contract ORthe principal treatens to, organises or takes action by injuring the independent contractor in relation to the terms and conditions of the contract ORthe principal treatens to, organises or takes action by altering the position of the independent contractor to the independent contractor’s prejudice ORthe principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor ORthe principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 4 PROVIDESthere is adverse action taken by a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor ONLY IFthe principal treatens to, organises or takes action by refusing to engage the independent contractor ORthe principal treatens to, organises or takes action by discriminating against the independent contractor in the terms or conditions on which the principal offers to engage the independent contractor ORthe principal treatens to, organises or takes action by refusing to make use of, or agree to make use of, services offered by the independent contractor ORthe principal treatens to, organises or takes action by refusing to supply, or agree to supply, goods or services to the independent contractor
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 5 PROVIDESthere is adverse action taken by an employee against his or her employer ONLY IFthe employee treatens to, organises or takes action by ceasing work in the service of the employer ORthe employee treatens to, organises or takes action by taking industrial action against the employer
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 6 PROVIDESthere is adverse action taken by an independent contractor against a person who has entered into a contract for services with the independent contractor ONLY IFthe independent contractor treatens to, organises or takes action by ceasing work under the contract ORthe independent contractor treatens to, organises or takes action by taking industrial action against the principal
RULE Fair Work Act 2009 - section 342(1) - adverse action - item 7 PROVIDESthere is adverse action taken by an industrial association, or an officer or member of an industrial association, against a person ONLY IFthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by organising or taking industrial action against the person ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by taking action that has the effect, directly or indirectly, of prejudicing the independent contractor in relation to a contract for services (if the person is an independent contractor) ORthe industrial association, or the officer or member of the industrial association treatens to, organises or takes action by imposing a penalty, forfeiture or disability of any kind on the member (other than in relation to money legally owed to the association by the member)(if the person is a member of the association)
RULE Fair Work Act 2009 - section 342(3) PROVIDESFair Work Act 2009 - section 342(3) applies ONLY IFthere is action (including omission) that is authorised by or under Fair Work Act 2009 and Fair Work Regulations 2009 ORthere is action (including omission) that is authorised by or under any other law of the Commonwealth ORthere is action (including omission) that is authorised by or under a law of a State or Territory prescribed by the regulations
RULE Fair Work Act 2009 - section 342(4) PROVIDESFair Work Act 2009 - section 342(4) applies ONLY IFthe employer stands down an employee ANDthe employee is engaged in protected industrial action ANDthe employee employed under a contract of employment that provides for the employer to stand down the employee in the circumstances
RULE Fair Work Act 2009 - section 408 - protected industrial action PROVIDESthe employee is engaged in protected industrial action ONLY IFthe employee is engaged in employee claim action for the agreement within the meaning of Fair Work Act 2009 - section 409 ORthe employee is engaged in employee response action for the agreement within the meaning of Fair Work Act 2009 - section 410 ORthe employee is engaged in employer response action for the agreement within the meaning of Fair Work Act 2009 - section 411
RULE the protections PROVIDESthere is contravention of the general protections ONLY IFthere is contravention of the protection of workplace rights ORthere is contravention of the protection of industrial activities ORthere is contravention of the protection of other protections ORthere is contravention of the protection of sham aggrangements
RULE Fair Work Act 2009 - section 340 workplace rights PROVIDES there is contravention of the protection of workplace rights ONLY IFa person has a workplace right ANDBEGINFair Work Act 2009 - section 340(1) applies ORFair Work Act 2009 - section 340(2) applies ORFair Work Act 2009 - section 343 applies ORFair Work Act 2009 - section 344 applies ORFair Work Act 2009 - section 345 appliesEND
RULE Fair Work Act 2009 - section 341 PROVIDESa person has a workplace right ONLY IFthe person is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body ORthe person is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument ORthe person is able to make a complaint or inquiry to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument ORthe person is able to make a complaint or inquiry in relation to his or her employment if the person is an employee
RULE Fair Work Act 2009 - section 340(1) PROVIDESFair Work Act 2009 - section 340(1) applies ONLY IFthere is adverse action against another person ANDBEGINthe adverse action is taken because the other person has a workplace right ORthe adverse action is taken because the other person has, or has not, exercised a workplace right ORthe adverse action is taken because the other person proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace righ ORthe adverse action is taken to prevent the exercise of a workplace right by the other personEND
RULE Fair Work Act 2009 - section 340(2) PROVIDESFair Work Act 2009 - section 340(2) applies ONLY IFthere is adverse action against another person (the second person) ANDthe adverse action is taken because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs
RULE Fair Work Act 2009 - section 343 - coercion PROVIDESFair Work Act 2009 - section 343 applies ONLY IFFair Work Act 2009 - section 343(1) applies ANDFair Work Act 2009 - section 343(2) does not apply
RULE Fair Work Act 2009 - section 343(1) PROVIDESFair Work Act 2009 - section 343(1) applies ONLY IFa person organises or takes, or threatens to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise or not exercise, or propose to exercise or not exercise, a workplace right ORa person organises or takes, or threatens to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise, or propose to exercise, a workplace right in a particular way
RULE Fair Work Act 2009 - section 343(2) PROVIDESFair Work Act 2009 - section 343(2) applies ONLY IFa person organises or takes, or threatens to organise or take protected industrial action
RULE Fair Work Act 2009 - section 344 - undue influence or pressure PROVIDESFair Work Act 2009 - section 344 applies ONLY IFan employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement or arrangement under the National Employment Standards ORan employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement or arrangement under a term of a modern award or enterprise agreement that is permitted to be included in the award or agreement under Fair Work Act 2009 - section 55(2) ORan employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to agree to, or terminate, an individual flexibility arrangement ORan employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to accept a guarantee of annual earnings ORan employer exerts undue influence or undue pressure on an employee in relation to a decision by the employee to agree, or not agree, to a deduction from amounts payable to the employee in relation to the performance of work
RULE Fair Work Act 2009 - section 345 PROVIDESFair Work Act 2009 - section 345 applies ONLY IFFair Work Act 2009 - section 345(1) appliesFair Work Act 2009 - section 345(2) does not apply
RULE Fair Work Act 2009 - section 345(1) PROVIDESFair Work Act 2009 - section 345(1) applies ONLY IFa person makes knowingly or recklessly a false or misleading representation about the workplace rights of another person ORa person makes knowingly or recklessly a false or misleading representation about the exercise, or the effect of the exercise, of a workplace right by another person
RULE Fair Work Act 2009 - section 345(2) PROVIDESFair Work Act 2009 - section 345(2) applies ONLY IFthere is expectation that the person to whom the representation is made would rely on the representation
/* Links */LINK Commonwealth entity, including a Commonwealth Authority or a body corporate incorporated in a Territory TO https://www.finance.gov.au/government/managing-commonwealth-resources/structure-australian-government-public-sector/pgpa-act-flipchart-list