Nojin v Commonwealth of Australia [2011] FCA 1066

FEDERAL COURT OF AUSTRALIA

Nojin v Commonwealth of Australia [2011] FCA 1066 Citation: 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

GORDON PRIOR v COMMONWEALTH OF AUSTRALIA and STAWELL INTERTWINE SERVICES INC

File number(s): VID 796 of 2008 VID 797 of 2008

Judge: GRAY J

Date of judgment: 16 September 2011

Catchwords: HUMAN RIGHTS – discrimination – disability – requirement to comply with requirement or condition – intellectual disability – employment in Australian Disability Enterprise – assessment of wage rates – use of Business Services Wage Assessment Tool, developed for that purpose – assessment of both productivity and competence – assessment of competence partly by question and answer – employees with intellectual disabilities disadvantaged – whether required to comply with requirements or conditions – whether requirements or conditions reasonable in the circumstances

Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 6, 15, 24, 45, 122 Federal Court Rules O 43 r 1(3), O 43 r 2(1) Disability Services Act 1986 (Cth) ss 5A, 6D, 7, 12AD(2) Disability Services Amendment (Improved Quality Assurance) Act 2002 (Cth) Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) item 71 of Sch 2 Disability Services (Disability Employment and Rehabilitation Program) Standards 2002 standards 9, 10 Australian Liquor, Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises) Award 1993 Australian Liquor, Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises) Award 2001 Cll 3, 14.3, 14.4.6, and 14.5 Australian Liquor Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises) (Roping in No 2) Award 2002 Liquor, Hospitality and Miscellaneous Union Supported Employment Services Award 2005 Cll 14.4.1, 14.4.4, and 14A.4