Section 351 of the Fair Work Act 2009 (Cth) – Protection from adverse action. This section prohibits employers from taking adverse action against an employee or prospective employee because of their workplace rights, such as making a complaint or participating in industrial action. Adverse action includes dismissal, demotion, or any other action that could harm the employee’s employment.

Section 351 of the Fair Work Act 2009 (Cth) provides protection to employees and prospective employees from adverse action taken by their employers because of their workplace rights. This section prohibits employers from taking any action that could harm the employee’s employment, including dismissal, demotion, or any other action that could affect their employment.

The factual background of the case or situation under analysis is that an employee or prospective employee has made a complaint or participated in industrial action, and their employer has taken adverse action against them. This adverse action could include dismissal, demotion, or any other action that could harm the employee’s employment.

The relevant laws that apply to this issue include Section 351 of the Fair Work Act 2009 (Cth), which prohibits employers from taking adverse action against employees or prospective employees because of their workplace rights. Other relevant laws may include case law and legal principles that pertain to the issue at hand.

The application of the law to the facts involves determining whether the employer has taken adverse action against the employee or prospective employee because of their workplace rights. This may involve interpreting the language of Section 351 and considering any conflicting interpretations or ambiguities in how the law might be applied.

The key legal issues or questions that need to be addressed in the opinion include whether the employer has taken adverse action against the employee or prospective employee because of their workplace rights, and if so, whether this action is prohibited by Section 351 of the Fair Work Act 2009 (Cth).

The likely outcome if the issue were to be adjudicated is that the employer would be found to have taken adverse action against the employee or prospective employee because of their workplace rights, and this action would be prohibited by Section 351 of the Fair Work Act 2009 (Cth).

There may be viable alternatives to the main legal interpretation, such as arguments that the adverse action was taken for reasons unrelated to the employee’s workplace rights. Other perspectives on the likely outcome may include minority or dissenting views in case law.

The risks and uncertainties associated with the situation may include potential legal risks, uncertainties, or potential future litigation. The advice to the client would be to comply with Section 351 of the Fair Work Act 2009 (Cth) and avoid taking adverse action against employees or prospective employees because of their workplace rights.

Related case laws and judgments on Section 351 of the Fair Work Act 2009 (Cth) include:

1. Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCAFC 83 – This case involved a dispute over whether an employer had taken adverse action against an employee because of their union membership.

2. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCAFC 122 – This case involved a dispute over whether an employer had taken adverse action against employees because of their participation in industrial action.

3. Australian Nursing and Midwifery Federation v Royal Children’s Hospital Melbourne [2016] FCAFC 81 – This case involved a dispute over whether an employer had taken adverse action against an employee because of their union membership.

4. CFMEU v BHP Billiton Mitsubishi Alliance [2014] FCAFC 64 – This case involved a dispute over whether an employer had taken adverse action against employees because of their participation in industrial action.

5. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2015] FCAFC 153 – This case involved a dispute over whether an employer had taken adverse action against employees because of their participation in industrial action.

These cases demonstrate the importance of complying with Section 351 of the Fair Work Act 2009 (Cth) and avoiding taking adverse action against employees or prospective employees because of their workplace rights.