Commonwealth Consolidated Regulations(1) A term of a workplace agreement is prohibited content to the extent that it discriminates against an employee, who is bound by the agreement, because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
(2) For the purposes of subregulation (1), a provision of an agreement does not discriminate against an employee or class of employees merely because:
(a) it provides for a rate or rates of pay that comply with a rate or rates of pay that are contained in the Australian Pay and Classification Scale or a special Federal Minimum Wage that would otherwise apply to the employee or class of employees; or
(b) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or
(c) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:
(i) on the basis of those teachings or beliefs; and
(ii) in good faith.
Note For Australian Pay and Classification Scale see Division 2 of Part 7 of the Act and for special Federal Minimum Wage see section 197 of the Act.