Referral of discriminatory awards and determinations to other bodies Part IIC
Section 46PX
(5) If the President refers the industrial instrument to the Fair Work
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:
discriminatory act under an industrial instrument means an act
that would be unlawful under:
(a) Part 4 of the Age Discrimination Act 2004; or
(b) Part 2 of the Disability Discrimination Act 1992; or
(c) Part II of the Sex Discrimination Act 1984;
but for the fact that the act was done in direct compliance with an
industrial instrument.
industrial instrument means:
(a) a fair work instrument (within the meaning of the Fair Work
Act 2009); or
(b) a transitional instrument, or a Division 2B State instrument,
(within the meaning of the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009).
(8) For the purposes of the definition of discriminatory act under an
industrial instrument in subsection (7), the fact that an act is done
in direct compliance with the industrial instrument 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:
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
91
Registered: 14/1/19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents