Section 333H — Fair Work Act 2009: 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.