Under the Tasmanian Anti Discrimination Act 1998 (“the Act”), one of the attributes covered is ‘industrial activity.’
Discrimination on the basis of Industrial activity is unlawful.
"Industrial activity" means-
(a) being or not being a member of, or proposing or refusing to join, an industrial organisation; or
(b) participating in, not participating in, or proposing or refusing to participate in, a lawful activity organised or promoted by an industrial organisation.
An Industrial Organisation is defined as:
(a) an organisation of employees; or
(b) a trade union; or
(c) an organisation of employers; or
(d) any other organisation established for the purposes of persons who carry on a particular industry, trade, profession or employment.
This means you may not discriminate against a person who:
The Act prohibits industrial activity discrimination in the following areas:
Employment - this includes paid or unpaid, casual, permanent or temporary employment.
Education and Training - at schools, colleges, universities or other educational institutions where education and training is provided.
Provision of facilities, goods and services – this includes access and use of public places, transportation and travel and private or government service providers.
Accommodation – this includes residential housing and business accommodation ie. rental property, hotel, motel, boarding house or caravan.
Membership and activities of clubs – being a member of a club and participating in activities associated with the club.
Direct industrial activity discrimination takes place if a person treats another person on the basis of industrial activity less favourably than a person without that attribute or characteristic.
For direct discrimination to take place it is not necessary that:
Examples of direct discrimination:
Sophia, a workplace union delegate, felt she was not given a promotion because of her membership of a union. Sophia was clearly the best applicant for the position so she lodged a complaint of industrial activity discrimination.
Emanuel’s hours were reduced because he refused to join a union.
Indirect industrial activity discrimination takes place if a person imposes a condition, requirement or practice, which is unreasonable in the circumstances and has the effect of disadvantaging a member of a group of people who share a particular attribute (industrial activity) more than a person who is not a member of that group.
In certain circumstances, industrial activity discrimination is permitted. The following exception applies:
Employment based on industrial activity
Section 49 states, that a person may discriminate against another person on the ground of industrial activity in relation to employment, if it is based on a genuine occupational qualification in relation to a particular position.
Where a person/organisation argues that it should be exempted from the requirements of the Act because an exception applies, it is up to the organisation to prove that the exception applies.
Example of lawful discrimination:
A union seeking to employ an industrial officer may prefer a candidate who has experience organising industrial events or activities over a person who did not have experience organising industrial events, or activities, if it s a genuine occupational qualification.
The following may complain about discrimination on the basis of industrial activity:
(i) a member of that union against whom the discrimination was directed; or
(ii) a class of members of that union against whom the discrimination was directed, so long as a majority of those members are likely to consent.
If you are unsure whether your complaint involves industrial activity discrimination, you can contact the Office of the Anti-Discrimination Commissioner and/or arrange an appointment with an Investigation Officer.
