Nojin v Commonwealth of Australia [2012] FCAFC 192

FEDERAL COURT OF AUSTRALIA

Nojin v Commonwealth of Australia [2012] FCAFC 192 Citation: Nojin v Commonwealth of Australia [2012] FCAFC 192

Appeal from: Nojin v Commonwealth of Australia [2011] FCA 1066

Parties: ELIZABETH NOJIN ON BEHALF OF MICHAEL NOJIN v COMMONWEALTH OF AUSTRALIA and COFFS HARBOUR CHALLENGE INC (IN LIQUIDATION) GORDON PRIOR v COMMONWEALTH OF AUSTRALIA and STAWELL INTERTWINE SERVICES INC

File numbers: VID 1110 of 2011 VID 1111 of 2011

Judges: BUCHANAN, FLICK AND KATZMANN JJ

Date of judgment: 21 December 2012

Catchwords: HUMAN RIGHTS – discrimination on the ground of disability – intellectually disabled workers employed at Australian Disability Enterprises – use of Business Services Wage Assessment Tool to assess wages –assessment of productivity and "competencies" – whether there was a requirement or condition that to secure a higher wage intellectually disabled workers undergo assessment using the Business Services Wage Assessment Tool – whether appellants were able to comply with requirement or condition – whether a substantially higher proportion of people without intellectual disabilities were able to comply – whether requirement or condition was not reasonable – where wages linked to lowest pay grade in award – where competencies assessed in part by question and answer – where all or nothing assessment of competencies

Legislation: Disability Discrimination Act 1992 (Cth) ss 3, 6, 15, 24, 45, 122 Human Rights and Equal Opportunity Commission Act 1986 (Cth) Sex Discrimination Act 1984 (Cth) s 5 Anti-Discrimination Act 1977 (NSW) s 24 Equal Opportunity Act 1984 (Vic) s 17 Australian Liquor, Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises) Award 2001