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Fair Work Amendment (Prohibiting Discrimination Based On Location) Bill 2015

Schedule 1 Amendments

Part 1 Main amendment

Fair Work Act 2009

1  After section 351


351A   Discrimination based on where a person lives

             (1)  An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of where the person lives.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  However, subsection (1) does not apply to action that is taken because of the inherent requirements of the particular position concerned.

Part 2 Other amendments

Fair Work Act 2009

2  Section 351 (heading)

Repeal the heading, substitute:

351   Discrimination—general

3  Subsection 539(2) (table item 11)

After “351(1)”, insert “351A(1)”.