The Fair Work Act 2009 (Cth)

It’s important to be aware of significant changes to workplace relations and the treatment of discrimination in Part 3-1 of the Fair Work Act 2009 (Cth). This is the Act which replaced the Workplace Relations Act 1996 (Cth). Part 3-1 came into effect on 1 July 2009. The amendments significantly expand protections for employees and in turn the obligations of employers in relation to unlawful discrimination:

• an employee is entitled to protection from workplace discrimination not just where termination is involved but also during the process of applying for and being considered for a position as well as in the course of their employment.
• if there is no prohibition against discriminating on a particular ground under state discrimination law then it will not be unlawful to discriminate on that ground under the Fair Work Act even if it is named as a ground in this Act.
• the court has the power to make an order for unlimited compensation.