Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 195

Meaning of discriminatory term

Discriminatory term

             (1)  A term of an enterprise agreement is a discriminatory term to the extent that it discriminates against an employee covered by the agreement because of, or for reasons including, the employee's race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Certain terms are not discriminatory terms

             (2)  A term of an enterprise agreement does not discriminate against an employee:

                     (a)  if the reason for the discrimination is the inherent requirements of the particular position concerned; or

                     (b)  merely because it discriminates, in relation to employment of the employee as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed:

                              (i)  in good faith; and

                             (ii)  to avoid injury to the religious susceptibilities of adherents of that religion or creed.

             (3)  A term of an enterprise agreement does not discriminate against an employee merely because it provides for wages for:

                     (a)  all junior employees, or a class of junior employees; or

                     (b)  all employees with a disability, or a class of employees with a disability; or

                     (c)  all employees to whom training arrangements apply, or a class of employees to whom training arrangements apply.



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