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Workplace Discrimination | Australian Employment Lawyers
You are covered by the anti-discrimination provisions in the Fair Work Act 2009 (‘the FWA’) if you are a ‘national system employee‘ as defined in the Act. As all States and Territories other than Western Australia have referred their industrial relations powers to the Commonwealth, most employees in those States and Territories will be national systems employees and therefore covered by the FWA. If you are employed by a State government, then you are most likely covered by State industrial relations legislation and the FWA will not apply to you.
If you are employed in Western Australia by a constitutional corporation or the Commonwealth government, then you are covered by the workplace discrimination provisions in the Fair Work Act 2009. If you are employed in Western Australia by the Western Australian government, a sole trader, a partnership, or any entity other than a corporation, then you are not covered by the FWA and will need to refer to the Equal Opportunity Act 1984 for your rights.
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