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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.

Discrimination Law in Australia
Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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