64Adverse action taken against worker

64 Adverse action taken against worker

(1) An employer for a covered industry must not take adverse action against a worker of the employer because the worker is entitled to long service benefits under this Act.

(2) An employer for a covered industry must not take adverse action against a worker of the employer because the worker seeks to exercise the worker's entitlement to long service benefits under this Act.

(3) An employer for a covered industry must not take adverse action against a worker of the employer because the worker makes an enquiry as to the worker's entitlement to long service benefits under this Act.

(4) An employer for a covered industry must not take adverse action against a worker of the employer because the worker applies to the Authority for a determination as to the taking of long service leave under this Act.

(5) In a proceeding for an alleged contravention of subsection (1), (2), (3) or (4), the onus of proving that the adverse action by the employer was not actuated by any reason referred to in subsection (1), (2), (3) or (4), as the case may be, lies on the employer.

(6) For the purposes of this section, an employer takes adverse action against a worker if the employer—

(a) dismisses the worker or terminates their engagement; or

(b) injures the worker in the worker's employment or engagement; or

(c) alters the position of the worker to the worker's prejudice; or

(d) discriminates between the worker and other workers of the employer; or

(e) knowingly or recklessly makes a false representation about the worker's entitlement to long service benefits.