CPSU NSW delegates: your protections

The most effective protection for delegates against victimisation or harassment by their employer is a strong and active union presence in the workplace.

However, there are also legal protections enshrined in legislation.

Universities, TAFE, State Owned Corporations or any other federal system employer

Sections 342, 346 and 347 of the Fair Work Act 2009 combine to provide protection for delegates from any ‘adverse action’ by their employer.

This includes delegates representing or advancing the views of the union or encouraging other employees to participate in lawful activities organised by the union.

Prohibited action by the employer includes:

  • dismissal of the employee
  • altering a position to the employee’s detriment
  • discriminating against the employee
  • any action that ‘injures’ the employee in their employment.

Protections are also available to all members under Sections 104–109 of the Work Health and Safety Act (2011).

These measures prevent an employer from discriminating against a worker in response to them exercising any function, power or responsibility under the Act.

Fines of up to $500,000 can apply in relation to such conduct.

Harassment or threats

Any delegate being harassed or threatened in relation to their duties should contact the CPSU NSW immediately.

If the matter cannot be resolved through negotiation with management, it will be taken to the NSW Industrial Relations Commission or Fair Work Commission.