Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:2_576s
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 2 cl 576S
Character Range: 154297–155726

576S  Terms that are discriminatory

 (1) A modern award must not include terms that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

 (2) A modern award does not discriminate against an employee for the purposes of subsection (1) merely because:
 (a) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or
 (b) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:
 (i) on the basis of those teachings or beliefs; and
 (ii) in good faith.

 (3) A modern award does not discriminate against an employee for the purposes of subsection (1) merely because it includes terms providing for minimum 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.

 (4) In this section:

employee with a disability has the same meaning as in section 576J.

junior employee has the same meaning as in section 576J.