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Section : Workplace rights
Domain : Human Resource Management
Classification : Not Identified
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The term 'workplace right' is broadly defined under the FW Act, and exists where a person:
- is entitled to a benefit or has a role or responsibility under a workplace law, workplace instrument (such as an award or agreement) or an order made by an industrial body
- is able to initiate or participate in a process or proceedings under a workplace law or workplace instrument
- has the capacity under a workplace law to make a complaint or inquiry:
- -to a person or body to seek compliance with that workplace law or workplace instrument
- -if the person is an employee, in relation to their employment. Fair Work Infoline: 13 13 94 Workplace rights also include the right for employees to talk about, or not talk about, their current or past pay. This includes the terms and conditions that would be needed to work out their pay, such as hours of work. Employees can ask each other questions about their pay, but they don't have to share this information if they don't want to. For more information about these rights, including when they started applying and who they apply to, see Pay secrecy at fairwork.gov.au/pay-secrecy