SDA Journal SA - Spring 2022

SECRETARY’S REPORT: JOSH PEAK

To get wages moving, our workplace laws must change.

Our workplace laws need an urgent overhaul.

For the past few years, the SDA and the union movement have been pushing for changes to our industrial relations system to combat insecure work and wage stagnation.

But in recent months, the shortfalls of this system have become more apparent by the cost of living crisis.

Wages have not grown for over 10 years and have effectively fallen back to 2011 levels. On top of this, corporate profits have surged ahead.

It’s become clear that if we want to get wages moving, changes to our industrial relations system can’t wait.

The Federal Government has a plan to do just that, through its Secure Jobs, Better Pay legislation which was introduced into Parliament in October.

If it passes Parliament, this legislation will have a significant impact on your workplaces. It will give power back to workers, make it easier to bargain and stop your wages and

conditions from being held hostage by companies who don’t want to bargain.

Fairer Bargaining

Our existing workplace laws are unnecessarily complicated.

They make it too hard to bargain for pay increases. They are not equipped to deal with the ongoing cost of living crisis or the decade of low wage growth we’ve experienced. As a result, workers are being left behind.

Many employers have the power and are choosing not to negotiate new Agreements.

A key part of these reforms - which will be incredibly important for SDA Members - is that it will allow union members to bargain more easily.

The proposed laws will make our bargaining system simpler, fairer and more accessible for all workers.

Zombie Agreements

The proposed legislation will also see all ‘Zombie’ Agreements terminated.

Zombie Agreements are out-ofdate Agreements that continue to operate and freeze workers wages and conditions.

Thousands of workers are being ripped off by hundreds of outdated Agreements which contain substandard conditions

Under our current laws, unions don’t have the right to terminate a Zombie Agreement, unless a worker is prepared to take the matter into their own hands.

It’s led to a system where young, non-unionised workers feel intimidated into accepting subpar wages.

These issues are only the tip of the iceberg. There is a flood of flaws in our industrial relations system which are holding back your rights and wages.

In order to break the cycle and get wages moving, we need to change our laws.

Read more about the Secure Jobs, Better Pay bill on page 7.

Stay Connected. Stay Informed. Stay in Touch.

Stronger Protections Secured for South Aussie Workers

After two years of campaigning by the SDA, the South Australian Government has introduced tougher measures to help stamp out customer abuse and violence.

Introduced in August, these measures mean the assault of any worker in retail, fast food, a petrol station or a bottle shop is now automatically considered an aggravated assault by Police and the Courts.

This means customers who abuse workers will be liable for harsher fines and penalties for this behaviour, with a maximum penalty of 7 years of jail.

This is a positive step forward for workers.

It will deter customers from abusing workers and ensure they’re properly penalised for their actions.

These reforms were only possible because countless SDA members stood up and spoke out about their experiences with customer abuse.

The SDA has been calling on State Governments to introduce strong protections for retail workers against abusive customers since April 2020.

It’s great to see Premier Malinauskas and his Government deliver on an election commitment to address the safety concerns of thousands of retail workers and ensure they’re protected at work.

With these measures in place, it’s crucial all workers continue to take a strong stance against customer abuse and report all incidents they experience or witness.

Reporting customer abuse is vitalit means there is an official record of the incident and helps us push for better protections.

New laws used after Hindley Street attack

In October, the new laws were used for the first time, after a woman spat on and threatened workers at McDonald’s Hindley Street.

These harsher penalties send a strong message to the community: abuse and violence towards workers will not be tolerated.

“The safety of our members is our top priority and workers must be provided with a safe working environment free of customer abuse.

As a result of this attack, the SDA has written to SafeWork SA this week to formally call on them to undertake urgent inspections at all fast food chains on Hindley Street and ensure adequate security is in place.

“Hindley Street chains profit from drunk and disorderly customers and workers shouldn’t be the ones who pay the price.”

SDA Secretary Josh Peak pictured with SDA Delegate James Taylour

“This kind of behaviour cannot be brushed to the side because it’s occurring on a night club strip - it should not be tolerated.

“Fast food workers are just trying to do their job and should not be put in harm’s way every weekend.” says SDA Secretary Josh Peak.

If you experience customer abuse, you should report it to:

» Your immediate manager and ask them how to make an official report

» The SDA here so we can make sure it’s dealt with appropriately

» The local police

But there is still more to do.

Eliminating customer abuse will be a long road and it won’t happen overnight.

We’re continuing to call on the State Government to strengthen trespass laws to give retailers the right to ban customers.

The SDA remains committed to working with employers, governments and lobby groups to ensure all retail and fast food workers are provided with a safe working environment free of customer abuse.

250,000 Maccas workers eligible for compensation nationwide

Over $250 million in compensation is being sought for over 250,000 current and former McDonald’s workers nationwide, following the SDA’s latest legal action.

In August 2022, the SDA lodged a mega Federal Court Claim against 323 McDonald’s operators - and the fast food giant itself - over the alleged denial of paid rest breaks at nearly 1000 current and former McDonald’s sites.

This new claim is one of the biggest of its kind in Australian history, with over 1.8% of workers captured by the claim.

This new claim comes after almost two years of investigation and is in conjunction with the SDA’s 15 existing Federal Court claims against McDonald’s Australia and 14 franchisees, which were lodged on behalf of thousands of workers.

From this detailed investigation, the SDA has found that not only were McDonald’s workers allegedly not informed of their rest break entitlements, they were also allegedly told breaks could be exchanged for a free soft drink or going to the toilet.

We’re seeking thousands of dollars in compensation for workers who did not receive their legal break entitlements.

On top of compensation, we’re asking the Court to award penalties

against the 338 employers who have operated McDonald’s sites in the past 6 years.

These Federal Court Claims are not just about compensation and penalising McDonald’s, it’s about sending a clear message that this systematic exploitation of young workers will not be tolerated.

Would you like lies with that?

Across their restaurants, McDonald’s demands consistency. It’s simply not believable that these breaks weren’t denied on purpose.

McDonald’s knows that the SDA has hundreds of examples of the union and workers raising the denial of breaks with franchisees and McDonald’s itself.

Other major Australian corporations found to be underpaying their workforce have done the right thing - they’ve stepped up and backpaid their staff.

How the SDA’s Breaks Action Grew

The SDA has been investigating the denial of paid breaks at McDonald’s for a number of years.

In December 2020, we lodged our first claim in the Federal Court, seeking thousands in compensation for these 14 workers.

14 workers quickly turned into a thousand, with workers from Perth to Darwin, coming forward to share their experiences at McDonald’s with the SDA.

In under two years, this one claim by 14 workers has grown into 16 claims of over 250,000 workers nationwide.

By standing together, Maccas crew in South Australia have spearheaded a national, multimillion dollar movement against one of the largest fast food chains in the world to fight for fairness in their workplaces.

GET INVOLVED IN OUR BREAKS ACTION

Over 10,000 current and former McDonald’s workers have reached out to us to discuss their time at McDonald’s and this continues to grow.

If you’ve been denied your breaks, take our survey now to get started.

Sonia ROMEO SDA Assistant Secretary

Federal Government takes action on wage growth and job insecurity

The Federal Albanese government is making good on their promise to support working people, with the introduction of its Secure Jobs, Better Pay legislation.

If passed by Parliament, this legislation will bring about significant changes to our workplace laws and take important steps to bring our workplace laws into the 21st century.

Our existing workplace laws are outdated. Australia is in a cost of living crisis which is affecting everyone, wages haven’t grown in real terms and not enough people are covered by modern and current enterprise agreements.

For almost a decade, improving workers’ rights has not been a priority of the Federal Government. This approach has seen wages and entitlements continuously undermined at a Federal level.

We are pleased to see Prime Minister Albanese and his Government set a new course and make this a focus in its first year in Government.

This legislation is currently before Parliament and will keep members updated of any progress.

What will the Secure Jobs, Better Pay Bill do?

» Ensure more people can be covered by EBAs by creating multi-employer bargaining.

» Enable unions and workers to commence negotiations for new EBA’s so we’re not left waiting for employers to decide when to negotiate.

» Empower the Fair Work Commission to resolve disputes in negotiations.

» Make secure jobs a key feature of the Fair Work Act.

Cost of Living vs Real Wages

» Give workers a stronger right to rosters and working conditions that meet your caring responsibilities.

» Terminate all ‘zombie’ workplace agreements that have workers on sub-award conditions.

» Give workers stronger rights to stop workplace sexual harassment.

» Ban endless temporary contracts.

BARGAINING UPDATES YOUR ENTERPRISE AGREEMENTS

Apple Workers Vote No on subpar Agreement

The proposed Apple Agreement has been voted down with 68% voting no and 87% of Apple team members participating in the vote.

This is a good outcome for Apple members as the proposed Agreement was not good enough and did not include:

» Strong pay rises for the lowestpaid workers

» Set wage increases for workers receiving above-Award wages

» Regular rosters for part-time workers

» A classification structure that accurately reflects workers’ roles and responsibility

The SDA is now calling on Apple to return to negotiations and reach a fairer Agreement that importantly improves rostering conditions and secures better pay rises.

New Agreement secured for EG Fuel workers

Yearly pay rises, improved allowances and new shift loadings have been secured for EG Fuel workers as part of a new Agreement negotiated by the SDA.

The SDA has negotiated a 3-year Agreement for EG Fuel workers which also includes:

» Improved leave provisions

» New afternoon and night shift loadings

» New penalty rates

» Higher casual loading

The proposed Agreement is a great outcome for EG Fuel workers.

The SDA worked hard to secure an agreement that improves the terms and conditions for all EG Fuel employees.

Negotiations

The current cheap as Chips Agreement expired in October and the SDA is seeking to secure better pay and conditions for the next few years.

The SDA is pushing for strong wage increases, improvements to rostering provisions and better leave entitlements.

Once an Agreement is finalised, Cheap as Chips workers will have an opportunity to vote on the proposed Agreement and whether they accept it. .

Negotiations for a new Big W Agreement are continuing and the SDA is hopeful a new Agreement will be finalised by early 2023.

At the bargaining table, the SDA is pushing for stronger wages and conditions for Big W workers.

Ahead of negotiations starting next year, the SDA secured a pay rise for Dan Murphy’s workers in November 2022.

The pay rise ensures workers don’t miss out while the SDA engages Dan Murphy’s on a new Agreement.

Dan Murphy’s has also committed to maintaining a pay rate 1.25% above the Retail Award until a new Enterprise Agreement is negotiated and in operation.

The SDA will be surveying workers in 2023 to find out what they’d like to see improved in the next Agreement.

for a new Agreement at Cheap as Chips are underway.

Strong new rights secured at Target

Following extensive negotiations, the SDA has secured a 4-year Agreement at Target.

The proposed Agreement brings Target workers’ wages and conditions into line with other retailers and also protects many hard-won union conditions.

As part of the proposed Agreement, workers will also receive a $400 payment (pro-rata for part-time and casual workers) if the Agreement is voted up.

Under the proposed Agreement, Target workers will receive:

» Annual pay rises

» Improved pay rates on weeknights and weekends

» 15 minute rest breaks

» Higher casual loading

» Improved job security

The proposed Agreement also protects workers’ right to voluntary work on public holidays, part-time workers’ minimum hours and above-Award leave provisions.

Voting is occurring in November and December and Target workers will always have the final say on any proposed Agreement.

JOSH & SONIA'S Store visits

SDA Secretary Josh Peak and Assistant Secretary Sonia Romeo regularly visit stores to stay in touch with members.

Their recent and upcoming store visits are listed below:

Woolworths Karama

Spotlight Millner

EG Fuel Karama

Wooloworths Casuarina

Coles Darwin

Coles Mt Barker

Kmart Mt Barker

Woolworths Mt Barker

Woolworths Naracoorte

Woolworths Market Place

Big W Market Place

Coles Mt Gambier

Kmart Mt Gambier

Woolworths Mt Gambier

Woolworths Port Pirie

Kmart Port Pirie

Coles Port Pirie

Woolworths Whyalla

Kmart Whyalla

Coles Whyalla

Woolworths Port Lincoln

Kmart Port Lincoln

Coles Port Lincoln

SDA Assistant Secretary Sonia Romeo pictured with SDA Member Finlay McInerney

SDA FAMILY FUN DAY

at the Zoo!

Josh PEAK SDA Secretary

Voluntary Work on Sundays and Public Holidays in effect

Following legislation passing in October, changes to Adelaide’s Sunday and public holiday trading hours have come into effect.

The SDA negotiated with the State Government to secure the strongest protections in the country for retail workers on Sundays and public holidays.

We also secured new rights to ensure the Government cannot issue blanket trading exemptions on public holidays like the Marshall Liberal Government did. It means they must consult with stakeholders before issuing any exemptions.

All retailers within Adelaide suburbs can now open from 9am on Sundays and general retailers can open on Boxing Day. Thanks to our advocacy, supermarkets in suburban Adelaide are not permitted to open on Boxing Day.

Most importantly, the legislation safeguards retail workers’ right to refuse to work on Sundays and public holidays.

Shops are not allowed to open on Sundays or public holidays unless workers voluntarily accept an offer to work on that day.

If your employer is forcing you to work, this is in breach of the legislation and they could be fined up to $100,000.

We know many employers will be making roster changes due to these changes. The SDA is here to support you and make sure you’re happy with your roster and that it doesn’t conflict with your family or caring responsibilities.

The passing of this bill draws a line in the sand on shop trading hours in South Australia and should bring an end to the debate on this issue.

For too long, the working lives of retail workers have been part of public debate and commentary in South Australia.

Retail workers deserve to have time off on weekends and public holidays just like everyone else and our trading hours now ensure this.

SUBURBAN ADELAIDE RETAIL TRADING CHANGES:

Exemptions

» The Government cannot issue blanket trading exemptions

» They must consult with all stakeholders before granting an exemption

Sundays

» All shops can open from 9am-5pm

» Work is voluntary for all workers

Public Holidays

» General retailers (not supermarkets) can open on Boxing Day from 9am-5pm

» All retailers will be allowed to open on additional public holidays

» Work is voluntary for all workers

Christmas Trading

In the lead up to Christmas, retailers are permitted to extend trading until midnight on:

» Black Friday

» Thursday 15 December

» Thursday 22 December

» Friday 23 December

Whether you’re waged or salaried, if you’re asked to work on a Sunday or a public holiday, the new protections mean you have the absolute right to say no to this shift.

SDA SECRETARY JOSH PEAK

Make Easter Sunday a Public Holiday

The SDA is campaigning to make Easter Sunday a public holiday in South Australia and the Northern Territory.

If workers in every other mainland state have the right to time off without loss of pay on Easter Sunday, so should South Australians and Territorians.

Support our campaign to make Easter Sunday a public holiday

ARDC

ALM Gepps Cross Agreement Receives Yes Vote

After months of negotiations, the proposed ALM Gepps Cross Agreement has received a majority yes vote from ALM workers

The new agreement will see a 3% pay increase, back pay and a $1000 bonus upon commencement.

The Agreement has now been sent to the Fair Work Commission for approval.

Surveying begins at ALM and Metcash Gepps Cross

With a new Agreement finalised at ALM, the SDA has started surveying workers across ALM and Metcash to find out what could be improved in the next EBAs.

Both the new ALM Agreement and the current Metcash Gepps Cross Agreement will be expiring in February 2023.

The local SDA team and SDA Delegates will be working hard to negotiate the best possible Agreement for all workers at Gepps Cross.

Woolworths ARDC Agreement approved

Following a vote of workers, the Woolworths ARDC Agreement has been approved by the Fair Work Commission.

This new Agreements locks in:

» Strong pay rises

» Increased saturday penalty rates

» Stronger rights for part-time and casual workers

» Increased redundancy pay out

» Improved rostering provisions

The new Agreement has led to a series of improvements on site including increased contract hours and stronger pathways to permanency.

Backpay Win for Sunday Workers

The SDA has won backpay for Woolworths ARDC workers after SDA members raised concerns that they were being incorrectly rostered on Sundays.

Under the 2018 ARDC Agreement, workers must be rostered for a minimum of 4 hours on Sundays, however workers were being rostered for only 3 hours.

The SDA raised this with management and successfully won backpay for all impacted workers for the difference in pay.

The SDA is continuing to negotiate to secure an Agreement at Blackwoods DC.

While the SDA has been able to win a number of improved conditions, the SDA is calling on the Company to ensure workers receive a real pay rise in the EBA.

With cost of living pressures continuing to impact households, Blackwoods must do their part to ensure workers can keep up with these costs - and that starts with giving workers a real pay rise.

Once an Agreement is finalised, Blackwoods workers will have the opportunity to vote on whether or not they accept the Agreement.

Blackwoods must provide workers with a real pay rise

VICTORY:

BOOM GATES BANNED AT TTP

After over 18 months of campaigning, Westfield’s greedy paid parking plan at TTP has been stopped in its tracks.

In November, the South Australian Parliament passed legislation which means major shopping centre operators in Adelaide - like Westfield - will have to seek Ministerial approval to charge for parking.

This means that Westfield will not be able to install boom gates at TTPor continue charging for parking at West Lakes - unless it is approved by the Minister for Planning.

Westfield’s paid parking plan would have had a significant impact on workers, businesses and residents and could have seen them charged up to $35 a day to park at TTP.

This is a fantastic outcome for workers, businesses and residents in Adelaide’s North East - and it was only possible because SDA members at TTP and West Lakes stood up and said: boomgates don’t belong.

It was only possible because thousands of workers sent messages to Members of Parliament telling them to support this bill.

It was only possible because we didn’t let Westfield put their profits ahead of community interests.

With the rising cost of living pressures hitting many South Aussies hard, now is not the time for one of Australia's largest corporations to be seeking to take more money out of our communities.

Retail workers are essential. They shouldn’t be faced with choosing between forking out for parking or risking their safety just to get to work.

Thank you to Labor and the Greens for delivering for retail workers.

Stopping paid parking at TTP was an election commitment by the South Australian Labor Government.

Premier Peter Malinauskas and his Government listened to workers' concerns and acted.

It was also great to see the Greens support this bill and stand by their commitment to stop retail workers from being slugged for parking at work.

The SDA will continue to fight for retail workers to have access to affordable, accessible and safe parking at work.

SDA LEGAL TEAM: INDUSTRIAL REPORT

SDA Legal Team Prepares for Trial over Eudunda Farmers Underpayments

The SDA’s Legal Team is preparing to prove our underpayment claims against Eudunda Farmers Limited in the Federal Court.

While we attended a mediation with the company in October, the matter did not resolve and we are now proceeding to trial.

The SDA is disappointed that these underpayments were unable to be resolved through mediation with Eudunda Farmers.

The purpose of this mediationwhich was only initiated because of our lodgment of our claim in the Federal Court - was to reach a resolution with the Company to ensure workers are compensated as soon as possible.

Securing appropriate compensation for the involved workers as soon as possible remains our top priority and we believe a trial is the only way to ensure that all employees are paid all of what they are owed.

WIN: 10 Days Paid Family and Domestic Violence Leave for all workers

10 days paid Family and Domestic Violence leave for all workers has now been enshrined in law, with Federal Parliament passing a bill in October.

Since we first lodged our Federal Court action in 2021, this action has grown from 64 claimants to almost 400 claimants across more than 20 supermarkets operated by Eudunda Farmers Limited.

The SDA estimates that workers are owed close to $3 million in backpay relating to unpaid overtime, misclassifications and unpaid allowances.

This matter is next listed in the Federal Court in late November, where we will be asking the Federal Court to order that Eudunda Farmers backpay all workers and appropriately penalise the Company.

Regardless of whether Eudunda Farmers backpays one worker or 400 workers, our Federal Court Claim will be going ahead to ensure that all workers are paid correctly for the work they are performing.

We won’t stop until Eudunda Farmers and all employers get the message: wage theft is not an acceptable business model.

This means every worker across Australia - including casuals - is entitled to 10 days paid leave if they’re experiencing domestic violence.

For the past few years, the SDA and other unions have been campaigning at the bargaining table, at the Fair Work Commission and in Parliament, to make this important entitlement a reality.

Cheesecake Shop Workers Denied Their Slice

The SDA’s legal action against a Cheesecake Shop franchisee for the systematic underpayment of multiple workers has nwo progressed to trial preparation stage.

We’re alleging that several workers - who were temporary migrant workers at the time of the breaches - were paid a flat wage which fell below the Retail Award rates.

Additionally, these workers regularly worked beyond their rostered hours without extra pay and were also required to pay back their employer if they worked less than their rostered hours, resulting in massive underpayments.

This case is currently before the South Australian Employment Tribunal and we’re committed to ensuring that these workers are backpaid what they are owed.

When it comes to domestic violence, having access to paid leave will save lives.

Escaping domestic violence costs an individual $18,000 on average but it also takes time, support and resources to leave.

This entitlement will take effect from February 2023.

Looking after your mental health at work

Mental health continues to be a growing problem in workplaces across Australia and we know talking about it can be difficult.

SDA Delegate Talisha offers her advice on mental health hazards in your workplace and where to find support.

It’s important to know your rights around mental health and how you can play a part in creating happy, healthy and safe workplaces.

What does a healthy workplace look like?

Mental health is really important and we all have a role to play in creating a healthy workplace.

A healthy work environment to me is:

» Team members getting along and treating each other with respect

» Comfortable and reliable managers who encourage open communication

» The workplace EAP is easily accessible

» A strong union presence.

You shouldn’t shy away from reaching out to those in need and taking the time to check in with your workmates.

If your workmates aren’t ready to talk, don’t take it personally. Make sure to remind them you’re ready to chat if and when they need.

What are some mental health hazards to look out for at work?

Some things that could be impacting mental health in your workplace might be:

» Varying and uneven workloads

» Unclear roles and responsibilities

» Poor relationships between coworkers and management

» Lack of support, communication and recognition.

What can I do about health hazards at work?

Your employer has a duty to provide you with a healthy and safe work environment in all ways.

There are a lot of benefits when it comes to talking about mental health at work and it’s okay to feel nervous or scared about doing so. By reaching out and talking about mental health, your employer will be able to find solutions and a routine to help support your mental health at work.

When I’m struggling with mental health, I reach out to my management team, coworkers and my SDA Organiser for advice and support.

Remember: you’ll always have the union who will help and support you throughout your hard times.

SDA Delegate Talisha Sales

All workers deserve to be treated fairly

The SDA believes that all people - regardless of age, race, disability, sex, religion, sexual orientation, gender identity, and family and caring responsibilities - deserve to be treated equally in all aspects of work and life.

All retail, fast food and warehousing workers have the right to safe workplace that is free from discrimination.

The SDA is committed to eliminating all forms of discrimination from workplaces and has a long history of fighting workplace discrimination and advocating for improvements.

We’re proud to support diversity, inclusion and equality across our members’ workplaces and fight to ensure your employer adopts and embraces these principles.

If you’re being discriminated against at work, you should always report it to the SDA.

What is workplace discrimination?

You are protected from discrimination at work by law.

Workplace discrimination can take many forms including being dismissed from work, having your employment altered in a way that has a negative effect on you or being treated differently to other employees - because of certain attributes.

It is unlawful for your employer to discriminate against you for any of the following attributes:

» race

» colour

» sex

» gender identity

» sexual orientation

» age

» physical or mental disability

» marital status

» family or carer’s responsibilities

» pregnancy

» religion

» political opinion

» national extraction or social origin

Disability Discrimination

Under the Disability Discrimination Act and the Equal Opportunity Act, your employer is required to consider making reasonable adjustments to your role to allow you to perform the inherent requirements of your job if you’re injured, ill or have a disability.

Termination should be a last resort and only considered once all reasonable adjustments and considerations have been made for you to return to work safely, with reasonable adjustments.

If your employer has dismissed you on the basis of your injury, you might be eligible to lodge a Disabilty Discrimination claim.

What can I do about workplace discrimination?

Your employer has a legal responsibility to prevent discrimination of any kind in your workplace.

If you’re being discriminated against at work, report it to the SDA.

Belinda OWENS SDA Organiser

KNOW YOUR RIGHTS: Non-work injuries

Whether it happened at work or outside of work, recovering from an injury and returning to work can be stressful. It’s important you know what your rights are if you injure yourself outside of work.

What is a non-work injury?

A non-work injury is any injury that occurs outside of your workplace. Injuries that occur at work, even if they occur during a break or when you are “off the clock” may still be considered a workplace injury and you might be eligible for workers compensation.

Regardless of how serious the injury is, your employer has an obligation to support you in your return to work and provide you with alternative arrangements where possible.

Do I need a full medical clearance before I can return to work?

You don’t necessarily need a full medical clearance to return to work after an injury.

If you work in retail or fast food, a full medical clearance may not be necessary for you to return to work, as long as you can safely perform the inherent requirements of your role.

Your employer cannot terminate or dismiss you for failing to complete a full medical clearance if you’re still able to perform your work duties.

If you’re getting push back from your employer about this, you should ask your doctor for a medical certificate outlining all of the duties that you can safely perform and what reasonable adjustments are required for you to safely return to work.

Can I be terminated because of my injury?

Temporary absence from work due to an injury is not considered a valid reason for termination.

As long as you are able to perform the inherent requirements of your role, your employer cannot discriminate against you because of an injury - even if it’s a permanent injury.

Under the Disability Discrimination Act and the Equal Opportunity Act, your employer must consider making reasonable adjustments to your role to allow you to perform the inherent requirements of your job if you’re injured.

You can only be terminated from your employment if:

» You’re unable to perform the inherent requirements of your role, even with reasonable adjustments

» The necessary adjustments would cause undue financial hardship on the business

What can I do if I’m being discriminated against because a non-work injury?

If you’ve been discriminated against at work or terminated on the basis of your injury, you might be eligible to lodge a Disability Discrimination Claim and the SDA Industrial Team is here to help.

Got a problem at work?

Book in a meeting with an SDA Information Officer OR call (08) 8139 1000