You Don’t Have to Say Yes: Coercion at Work Is Against the Law
Most employees in Australia know they’re protected from discrimination or wrongful dismissal — but far fewer realise that it’s also unlawful for an employer to pressure you into giving up your rights, staying silent, or going along with something you didn’t freely agree to.
This kind of pressure is known as coercion, and it’s directly prohibited under Australia’s General Protections laws. Coercion doesn’t just mean threats or yelling. It can be subtle, calculated, or dressed up as “just part of the job.” But if it crosses the line into forcing you to act against your workplace rights — that’s unlawful.
What Is Coercion Under General Protections?
Under the Fair Work Act 2009, it’s unlawful for a person (including your employer) to take or threaten action with the intent to coerce you into:
Exercising or not exercising a workplace right (such as lodging a complaint or requesting leave)
Agreeing to a change in your job or conditions that affects your legal entitlements
Not making a complaint to a union, the Fair Work Commission, or a regulator
The law doesn’t require the coercion to succeed — even attempting to pressure you can be a breach.
For example:
Telling you that your shifts will be cut unless you withdraw a formal complaint
Imposing consequences because you refused to sign a contract variation you weren’t comfortable with
Warning you not to involve a union or legal representative “or things will get messy”
These aren’t just bad management — they may amount to unlawful coercion.
It’s Not Just About Threats — It’s About Intent
One of the most significant aspects of General Protections laws is that intent matters. The focus isn’t only on what happened — it’s also on why.
If a decision or threat is made with the purpose of forcing you to waive, give up, or not use your workplace rights, then that conduct may trigger a claim under General Protections.
And here’s where the law flips the burden — once you’ve made an allegation, it’s the employer who must prove they did not act for that reason.
You Can’t Be Punished for Standing Up for Yourself
Even if the employer claims their actions were for “business reasons,” the Commission will look closely at the real motivations. If an employee was punished, sidelined, or dismissed shortly after asserting a right — such as taking carer’s leave or reporting underpayment — the employer needs to justify their decision under close scrutiny.
Coercion claims can arise in connection with:
Rostering changes after a complaint
Pressuring employees to “volunteer” for unpaid extra hours
Forced resignations when an employee refuses unfair treatment
Threats for participating in union or industrial activity
