AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 57. ANTI-DISCRIMINATION
OPDATE 01:05:99 1st pp on or after

(a) It is the intention of the parties to this award to achieve the principal object of section 3(m) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

(b) Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

(c) Nothing in this clause is to be taken to affect:

(i) any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation;

(ii) until considered and determined further by the Commission, the payment of different wages for employees who have not reached a particular age;

(iii) an employee, employer or registered organisation, pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.

(d) Nothing in this Clause is to be taken to prevent:

(i) a matter referred to in subclause (a) from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position.

(ii) a matter referred to in subclause (a) from being a reason for terminating a persons employment 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, if the employer terminates the employment in good faith in order to avoid injury to the religious susceptibilities of adherents of the religion or creed.