Section 153 — Fair Work Act 2009: Terms that are discriminatory

Discriminatory terms must not be included (1) A modern award must not include terms that discriminate against an employee because of, or for reasons including, the employee’s race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin. Certain terms are not discriminatory (2) A term of a modern award does not discriminate against an employee: (a) if the reason for the discrimination is the inherent requirements of the particular position held by the employee; or (b) merely because it discriminates, in relation to employment of the employee as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed: (i) in good faith; and (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed. (3) A term of a modern award does not discriminate against an employee merely because it provides 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.