Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_431
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 431
Character Range: 174886–176028

431  At the end of section 195
Add:

Special measures to achieve equality
 (4) A term of an enterprise agreement is a special measure to achieve equality if:
 (a) the term has the purpose of achieving substantive equality for employees or prospective employees who have a particular attribute or a particular kind of attribute (as the case may be) mentioned in subsection (1), or a particular combination of these; and
Note: For example, a term that has the purpose of achieving substantive equality for employees who are female and have a physical or mental disability.
 (b) a reasonable person would consider that the term is necessary in order to achieve substantive equality.
 (5) A term of an enterprise agreement is to be treated as having the purpose referred to in paragraph (4)(a) if it is:
 (a) solely for that purpose; or
 (b) for that purpose as well as other purposes, whether or not that purpose is the dominant or substantial one.
 (6) However, a term of an enterprise agreement ceases to be a special measure to achieve equality after substantive equality for the employees referred to in paragraph (4)(a) has been achieved.