JET AVIATION AUSTRALIA PTY LTD

Jet Aviation Australia Pty Ltd sought exemption from certain provisions of the Equal Opportunity Act 1984 (WA) to enable the company to comply with its contractual obligations and United States import and export control laws. The company contracted to provide aircraft support to the Australian Department of Defence and was subject to a strict contractual condition that it must comply with United States import and export control laws and regulations. These regulations prohibit and/or restrict persons of certain nationalities from accessing controlled defence technology, data and products. Without exemption, the company and its Western Australian employees would contravene United States Law. The International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) were relevant to the case.

The court was required to decide whether exemption from discrimination on the grounds of race in areas related to employment was warranted in the circumstances. The court considered the impact of the United States laws on the company's ability to comply with its contractual obligations, the nature of the discrimination, and the potential impact on the company and its employees. The court also considered the public interest in ensuring that the company could continue to provide services to the Australian Department of Defence.

The court found that exemption was warranted in the circumstances. The court noted that the discrimination was not based on race but rather on nationality, and that the United States laws were beyond the control of the company. The court also noted that the exemption would only apply to the company and its Western Australian employees, and that the exemption would be subject to terms and conditions. The court granted the exemption for a period of five years, subject to review. The court also imposed terms and conditions on the grant of exemption, including the requirement that the company monitor and report on compliance with the exemption and the terms and conditions.