333HAnti-avoidance

333H Anti‑avoidance

(1) A person must not do any of the following in order to avoid any right or prohibition under this Division:

(a) terminate an employee’s employment for a period;

(b) delay re‑engaging an employee for a period;

(ba) not re‑engage an employee and instead engage another person to perform the same, or substantially similar, work for the person as the employee had performed for the person;

(c) change the nature of the work or tasks the employee is required to perform for the person;

(d) otherwise alter an employment relationship.

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

(2) For the purposes of subsection (1), a person takes action for a particular reason if the reasons for the action include that reason.