COVID-19 testing and workplace protections

Published 18 February 2022 | Updated 3 March 2022

Find information and guidance about COVID-19 testing and workplace protections.

Under the Fair Work Act, all employees (including casual employees) are protected from adverse action because they have a workplace right, or they have exercised or proposed to exercise their workplace right.

‘Workplace rights’ include obligations that an employee has under WHS laws, which may include obligations under public health orders. For example, a public health order may require an employee not to attend the workplace for a certain period of time following a positive rapid antigen or PCR test.

It is unlawful for an employer to take or threaten to take adverse action (e.g. firing or injuring an employee in their employment) because of an employee’s workplace rights.

Find out more about Protections at work.

The Fair Work Act also contains protections against unfair dismissal, including where an employee is dismissed without a valid reason. Find out more about Unfair dismissal.

We encourage employers and employees to work together to find solutions that suit their individual workplaces and needs. Find out how to resolve a workplace issue and ask for our help if you need it at Resolving workplace issues during coronavirus.