EQUAL OPPORTUNITY ACT 1984 - SECT 85F
EQUAL OPPORTUNITY ACT 1984 - SECT 85F
(1) This Division does
not apply in relation to—
(a) an
employer employing a person for purposes not connected with a business carried
on by the employer; or
(b) a
principal engaging a natural person as an independent contractor for purposes
not connected with a business carried on by the principal.
(2) This Division does
not apply to discrimination on the ground of age in relation to employment or
engagement for which there is a genuine occupational requirement that a person
be of a particular age, or age group.
(3) This Division does
not apply to discrimination on the ground of age in relation to the employment
or engagement of a person if the person is not, or would not be, able—
(a) to
perform adequately, and without endangering himself or herself or other
persons, the work genuinely and reasonably required for the employment or
position in question; or
(b) to
respond adequately to situations of emergency that should reasonably be
anticipated in connection with the employment or position in question.
(4) This Division does
not render unlawful—
(a) acts
done in order to comply with the provisions of—
(i)
an award or enterprise agreement under the Fair Work
Act 1994 ; or
(ii)
a fair work instrument under the Fair Work Act 2009
of the Commonwealth; or
(iii)
an award or determination given continuing effect under
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth; or
(b) a
decision to offer employment only to a young person, or the employment of a
young person, where the rate of pay for that employment is a rate less than
that applicable to an adult, fixed by or in accordance with the provisions
of—
(i)
an award or enterprise agreement under the Fair Work
Act 1994 ; or
(ii)
a fair work instrument under the Fair Work Act 2009
of the Commonwealth; or
(iii)
an award or determination given continuing effect under
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth.