46PW.  Referral of discriminatory awards to the Australian Industrial Relations Commission

(1)     A complaint in writing alleging that a person has done a discriminatory act under an award may be lodged with the Commission by:

(a)     a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or

(b)     2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

(c)     a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class; or

(d)     a trade union, on behalf of one or more of its members aggrieved by the act or on behalf of a class of its members aggrieved by the act.

(2)     If the Commission receives a complaint under this section, the Commission must notify the President accordingly.

(3)     If it appears to the President that the act is a discriminatory act, the President must refer the award to the Australian Industrial Relations Commission. However, the President need not refer the award if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

(4)     If the President decides not to refer the award, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision.

(5)     If the President refers the award to the Australian Industrial Relations Commission, the President must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

(6)     The President may obtain documents or information under section 46PI for the purposes of this section.

(7)     In this section:

award means:

(a)     an award made on or after 13 January 1993; or

(b)     a variation on or after 13 January 1993 of an award made before 13 January 1993.

For the purposes of this definition, award means an award within the meaning of the Workplace Relations Act 1996, and includes a certified agreement, and an enterprise flexibility agreement, within the meaning of that Act.

Note: The Workplace Relations Act 1996 was originally enacted with the short title "Industrial Relations Act 1988". Under section 10 of the Acts Interpretation Act 1901, the reference to the Workplace Relations Act 1996 includes a reference to that Act "as originally enacted and as amended from time to time".

discriminatory act under an award means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with an award.

(8)     For the purposes of the definition of discriminatory act under an award in subsection (7), the fact that an act is done in direct compliance with the award does not of itself mean that the act is reasonable.

46PX.  Referral of discriminatory determinations to the Remuneration Tribunal  

(1)     A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by:

(a)     a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or

(b)     2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

(c)     a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class.

(2)     If the Commission receives a complaint under this section, the Commission must notify the President accordingly.

(3)     If it appears to the President that the act is a discriminatory act, the President must refer the determination to the Remuneration Tribunal. However, the President need not refer the determination if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

(4)     If the President decides not to refer the determination, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision.

(5)     If the President refers the determination to the Remuneration Tribunal, the President must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

(6)     The President may obtain documents or information under section 46PI for the purposes of this section.

(7)     In this section:

determination means:

(a)     a determination made on or after 19 January 1994 by the Remuneration Tribunal under the Remuneration Tribunal Act 1973; or

(b)     a variation made on or after 19 January 1994 by that Tribunal to a determination made by it under that Act before 19 January 1994.

discriminatory act under a determination means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with a determination.

(8)     For the purposes of the definition of discriminatory act under a determination in subsection (7), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.     

46PY.  Referral of discriminatory determinations to the Defence Force Remuneration Tribunal

(1)     A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by:

(a)     a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or

(b)     2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

(c)     a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class.

(2)     If the Commission receives a complaint under this section, the Commission must notify the President accordingly.  

(3)     If it appears to the President that the act is a discriminatory act, the President must refer the determination to the Defence Force Remuneration Tribunal. However, the President need not refer the determination if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

(4)     If the President decides not to refer the determination, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision.

(5)     If the President refers the determination to the Defence Force Remuneration Tribunal, the President must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

(6)     The President may obtain documents or information under section 46PI for the purposes of this section.

(7)     In this section:

determination means:

(a)     a determination made on or after 15 January 1996 by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903; or

(b)     a variation made on or after 15 January 1996 by that Tribunal to a determination made by it under that section before 15 January 1996.

discriminatory act under a determination means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with a determination.

(8)     For the purposes of the definition of discriminatory act under a determination in subsection (7), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.