McDougall, Scott --- "A Certain Commonality': Discriminating against the Discriminated in the Compensation of Queensland's Underpaid Workers" [2002] IndigLawB 5; (2002) 5(14) Indigenous Law Bulletin 11

[1] Thanks to Peter Rankin for his important contribution to this article.

[2] Bligh and Ors v State of Queensland [1996] HREOCA 28, para 209.

[3] Ibid.

[4] I have employed the generic term ‘Aboriginal’ to describe Indigenous people of Australia including both Aboriginal and Torres Strait Islander people. No offence is intended to the latter group.

[5] Thomas Blake, A Dumping Ground: A History of the Cherbourg Settlement (2001).

[6] Queensland Cabinet rejected introducing award wages in 1979 on advice that the extra cost to Consolidated Revenue would be at least $7.3m. See R Kidd, The Way We Civilise (1997) 318.

[7] Hazel Paul at FAIRA, personal file.

[8] It is unclear why a challenge under the RDA was not brought sooner than this.

[9] Bligh, above n 2, para 1.

[10] Ibid para 110.

[11] Ibid para 207.

[12] Ibid para 209.

[13] Ibid para 209.

[14] Pheeney v Dolan [1977] 1 NSWLR 601 at 613 and MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657.

[15] Hall v AA Sheiban [1989] FCA 72; (1989) 85 ALR 503, 505.

[16] Rugema v J Gadsten Pty Ltd trading as Southcorp Packaging and Stephan Derkes [1997] HREOCA 34.

[17] The date of the commencement of the RDA.

[18] Aboriginal Newsletter (November 1983) Issue No 130.

[19] This evidence consists of correspondence received by the Lutheran Mission from the Director of the Department of Aboriginal and Islanders Advancement concerning wage levels for non-award wage employees.