BAE SYSTEMS AUSTRALIA LTD and COMMISSIONER FOR EQUAL OPPORTUNITY

In this matter, BAE Systems Australia Ltd was found to have contravened the Equal Opportunity Act 1994 (WA) when it refused to employ a woman in a position because of her gender. The case was brought before the Federal Circuit and Family Court of Australia by the Commissioner for Equal Opportunity. The Commissioner sought to have the employer found in breach of the Act and to be ordered to provide compensation to the applicant.

The primary legal issue before the court was whether BAE Systems Australia Ltd's decision to exclude the applicant from employment due to her gender constituted discrimination under the Equal Opportunity Act 1994 (WA). The court needed to consider whether the Act's exemption provisions applied and, if not, whether the employer's actions amounted to unlawful discrimination. Another aspect of the case involved the appropriate remedy if the applicant's claim was successful.

The court found that BAE Systems Australia Ltd's refusal to employ the applicant was discriminatory and not covered by any exemption provisions in the Act. The court reasoned that the employer's actions were based on gender and thus constituted unlawful discrimination. The court further held that the applicant was entitled to compensation for the discrimination suffered. The court ordered BAE Systems Australia Ltd to pay compensation to the applicant and to take steps to prevent any future instances of discrimination.