AN120505 – Social and Community Services Employees (State) Award
53.1 It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibility as a carer.
53.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.
53.3 Under the Anti-Discrimination Act, 1997 (NSW), it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
53.4 Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation,
(b) offering or providing junior rates of pay to persons under 21 years of age,
(c) any act or practice of a body established to propagate religion which is exempted under 56(d) of the Anti-Discrimination Act 1977 (NSW),
(d) a party to this Award from pursing matters of unlawful discrimination in any state or federal jurisdiction.
53.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
Note:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation
(b) Section 56(d) of the Anti-Discrimination Act, 1977 (NSW) states:
"Nothing in the Act affects ..... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".
(c) This clause is not intended to create legal rights.
