Queensland Unions: Reform in Good Faith, But More Needed to Protect Against Discrimination

Queensland Unions welcomes today’s introduction of the first tranche of substantive amendments to the Anti-Discrimination Act 1991 but says further reform must be taken to better protect working Queenslanders from faith-based discrimination.

Queensland Council of Unions General Secretary Jacqueline King said the ‘Respect at Work Bill’ is an important step in providing greater protection for working people against harmful discrimination, in particular women, young people, queer people, First Nations people and others most at risk from sexual or sex-based harassment.
 
“This bill is a historic step forward for Queensland workers, not only because it includes key recommendations arising from the Queensland Human Rights Commission (QHRC) 2022 Report, but also because it covers other reforms not canvassed that will better protect workers, in particular those arising from the Respect@Work Report recommendations.”
 
But Ms King said it is disappointing the Bill does not remove the current exemption that allows religious bodies to discriminate across the board, noting the QHRC recommended change would also not protect workers in faith-based schools from being discriminated against.
 
“There should be only one reason and one point in time that a faith-based school should be able to discriminate and that is to preference a job applicant solely on the grounds of being a member of a religious faith.
 
“We know hundreds of private school staff are dismissed every year simply because they are in a de facto relationship, have undertaken IVF treatment, have been divorced and remarried, let alone if they are a queer staff member.
 
“The current occupational exemption does not protect these workers, many of whom are very committed to their faith and their career,” she said.
 
Ms King said the bill importantly includes the introduction of two new offences – a sex-based harassment offence and the prohibition of the creation of a hostile work environment on the grounds of sex, representative claims for union members, and a new protected attribute preventing the disclosure of irrelevant medical records for all Queensland workers.
 
“Registered unions will be able to make representative claims on behalf of their members where there is widespread harassment or discrimination within an organisation, providing stronger protection for workers afraid to bring their issues to light,” she said.
 
“The Bill will also ensure Queensland workers are protected from forced disclosure of their entire medical history when applying for jobs if they are not relevant to that job, reversing a widespread practice among industries such as mining, maritime and manufacturing where workers are required to disclose personal medical records to secure a job interview, regardless of their relevance for the job at hand.”
 
The Bill also includes the introduction of a positive duty for all duty holders – persons conducting businesses and undertakings, education providers, accommodation providers and the like – who will be required to take proactive measures to prevent discrimination against Queenslanders – workers and others – on the grounds of every protected attribute, and to make reasonable accommodations for all persons with a disability.
 
Ms King said Queensland Unions also welcomes a number of new protected attributes such as family and domestic violence, physical features, homelessness, irrelevant criminal records, and sex characteristics.