TY - JOUR
T1 - 'It's a discrimination law julia1, but not as we know it'
T2 - Part 3-1 of the Fair Work Act
AU - Rice, Simon
AU - Roles, Cameron
PY - 2010/10
Y1 - 2010/10
N2 - At first glance, Part 3-1 of the Fair Work Act 2009 (Cth) seems to overlap with long-established anti-discrimination laws, offering protection against adverse, attribute-based conduct in employment. On close analysis, however, it turns out to be a new and quite different regime. Although the Fair Work Act offers a simple alternative to dated and complicated anti-discrimination laws, its provisions are at times overly-simple, raising uncertainty about how they will operate. Our analysis leads us to conclude that the approach to discrimination protection in the Fair Work Act, while an important addition to the remedies available to Australian workers, is compromised by failing to take account of lessons learned in the long history of anti-discrimination law.
AB - At first glance, Part 3-1 of the Fair Work Act 2009 (Cth) seems to overlap with long-established anti-discrimination laws, offering protection against adverse, attribute-based conduct in employment. On close analysis, however, it turns out to be a new and quite different regime. Although the Fair Work Act offers a simple alternative to dated and complicated anti-discrimination laws, its provisions are at times overly-simple, raising uncertainty about how they will operate. Our analysis leads us to conclude that the approach to discrimination protection in the Fair Work Act, while an important addition to the remedies available to Australian workers, is compromised by failing to take account of lessons learned in the long history of anti-discrimination law.
KW - Adverse action
KW - Anti-discrimination law
KW - Direct discrimination
KW - Dismissal protections
KW - Employment discrimination
KW - Employment law
KW - Fair Work Act Australia
KW - Indirect discrimination
KW - Labour law
KW - Labour rights
KW - Victimisation
UR - http://www.scopus.com/inward/record.url?scp=78650102495&partnerID=8YFLogxK
U2 - 10.1177/103530461002100102
DO - 10.1177/103530461002100102
M3 - Article
SN - 1035-3046
VL - 21
SP - 13
EP - 36
JO - Economic and Labour Relations Review
JF - Economic and Labour Relations Review
IS - 1
ER -