NSW Caselaw
CITATION: ACE v State of NSW (TAFE Commission and DET) [2010] NSWADT 180 This decision has been amended. Please see the end of the decision for a list of the amendments.
DIVISION: Equal Opportunity Division
APPLICANT ACE ACE PARTIES: RESPONDENT State of New South Wales (TAFE Commission and the Department of Education and Training)
FILE NUMBER: 071120
HEARING DATES: 17 August 2009, 19 August 2009, 20 August 2009, 23, 24 November 2009, 26 November 2009, 23 December 2009
DATE OF DECISION: 19 July 2010
BEFORE: Perrignon R - Judicial Member; Schneeweiss J - Non-Judicial Member ; Weule B - Non-Judicial Member
CATCHWORDS: Discrimination on the ground of carer's responsibilities – employer's refusal to agree to part-time work - whether direct discrimination – identification of comparators - whether Applicant treated less favourably than comparators - whether reasonable in the circumstancesDiscrimination on the ground of carer's responsiblities– employer's refusal to agree to part-time work – whether indirect discrimination – whether Applicant required to work full-time – whether requirement reasonable in the circumstances - identification of base group and pools for comparison – use of common knowledge in determining compliance rates
LEGISLATION CITED : Anti-Discrimination Act 1977
Australian Iron & Steel v Banovic (1987) 168 CLR 165 Bonella v Wollongong City Council [2001] NSWADT 194 Commonwealth Bank v Human Rights and Equal Opportunity Commission (Finance Sector Union Case) (1997) 150 ALR 1 Ekermawi v Harbour Radio Pty Ltd, Ekermawi v Nine Network Television Pty Ltd [2010] NSWADT Fluor Australia Pty Limited v Tanevski (EOD) [2009] NSWADTAP 39 CASES CITED: Gardiner v WorkCover Authority of NSW [2005] NSWADTAP 1 Jones v Dunkel [1959] 101 CLR 298145 Kumaran v Rail Infrastructure Corporation (EOD) [2005] NSWADTAP 41 Purvis v State of NSW (2003) 202 ALR 133 Styles v Secretary Department of Foreign Affairs and Trade (1988) 84 ALR 408 Waters v Public Transport Corporation (1991) 173 CLR 349
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