Commonwealth Bank of Australia v Human Rights & Equal Opportunity Commission & Anor [1997] FCA 1311

FEDERAL COURT OF AUSTRALIA DISCRIMINATION LAW - indirect discrimination in employment on ground of sex- representative action by national union on behalf of group of Western Australian members - women on extended leave from bank for reasons connected with child birth and child care, during period of corporate restructuring - group denied opportunity to express interest in voluntary retrenchment available to other employees - group subject to disadvantageous conditions with respect to applying for new positions which became available by reason of the restructure -construction and application of s 5(2)(b) Sex Discrimination Act 1984 (Cth) - factors to be taken into account when determining whether employment requirement constitutes discrimination - whether conditions imposed by the bank reasonable in all the circumstances - onus of proof - whether failure to consider effect of entitlements associated with extended leave, including guarantee of comparable job on return - selection of appropriate base group for determining proportionate ability to comply with conditions imposed. ADMINISTRATIVE LAW – judicial review - review of decision of Human Rights and Equal Opportunity Commission - finding that claim of indirect discrimination contrary to the Sex Discrimination Act 1984 (Cth) was substantiated - no determination as to appropriate relief - whether reviewable decision. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(e), 5(1)(f). Sex Discrimination Act 1984 - 1994 (Cth), ss 3, 5, 14(2), 40(1)(e), 50, 69, 81. Commonwealth v Human Rights and Equal Opportunity Commission (1997) EOC 92-890, cited. Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165, cited. Australian Medical Council v Wilson (1996) 68 FCR 46, cited. Waters v Public Transport Corporation (1991) 173 CLR 349, applied. Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251, discussed and applied. Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74, cited. IW v City of Perth (1997) 146 ALR 696, cited. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited. State Electricity Commission of Victoria v Casey [1994] 2 VR 216, discussed and applied. Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39, cited. Australian Broadcasting Tribunal v Bond (1990)170 CLR 321, distinguished. COMMONWEALTH BANK OF AUSTRALIA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR NG 306 OF 1997