Document ID: chunk:federal_register_of_legislation:C2025C00150:section:341
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 341
Character Range: 948294–951048

341  Meaning of workplace right

Meaning of workplace right
 (1) A person has a workplace right if the person:
 (a) 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
 (b) is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument; or
 (c) is able to make a complaint or inquiry:
 (i) to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument; or
 (ii) if the person is an employee—in relation to his or her employment.

Meaning of process or proceedings under a workplace law or workplace instrument
 (2) Each of the following is a process or proceedings under a workplace law or workplace instrument:
 (a) a conference conducted or hearing held by the FWC;
 (b) court proceedings under a workplace law or workplace instrument;
 (c) protected industrial action;
 (d) a protected action ballot;
 (e) making, varying or terminating an enterprise agreement;
 (f) appointing, or terminating the appointment of, a bargaining representative;
 (g) making or terminating an individual flexibility arrangement under a modern award or enterprise agreement;
 (h) agreeing to cash out paid annual leave or paid personal/carer's leave;
 (i) making a request under Division 4 of Part 2‑2 (which deals with requests for flexible working arrangements);
 (ia) giving a notification, or receiving an offer or notice, under Division 4A of Part 2‑2 (which deals with casual employment);
 (j) dispute settlement for which provision is made by, or under, a workplace law or workplace instrument;
 (k) any other process or proceedings under a workplace law or workplace instrument.

Prospective employees taken to have workplace rights
 (3) A prospective employee is taken to have the workplace rights he or she would have if he or she were employed in the prospective employment by the prospective employer.
Note: Among other things, the effect of this subsection would be to prevent a prospective employer making an offer of employment conditional on entering an individual flexibility arrangement.

Exceptions relating to prospective employees
 (4) Despite subsection (3), a prospective employer does not contravene subsection 340(1) if the prospective employer makes an offer of employment conditional on the prospective employee accepting a guarantee of annual earnings.
 (5) Despite paragraph (1)(a), a prospective employer does not contravene subsection 340(1) if the prospective employer refuses to employ a prospective employee because the prospective employee would be entitled to the benefit of Part 2‑8 or 6‑3A (which deal with transfer of business).