Re A P Eagers Limited

CITATION: Re A P Eagers Limited [2012] QCAT 567

PARTIES: A P Eagers
(Applicant)

APPLICATION NUMBER: ADL034-12

MATTER TYPE: Anti-discrimination matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: S Gardiner, Member

DELIVERED ON: 26 October 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.   The application for an exemption under the Anti-Discrimination Act1991 is dismissed.

CATCHWORDS:

ANTI-DISCRIMINATION – automotive industry – traditionally male dominated – exemption from liability to advertise for women employees in sales and service areas ––where a specific exemption and defence available as equal opportunity measure – where general exemption granted not considered necessary

Anti-Discrimination Act 1991, reasons(6)(a) and (b), ss 7,14,15, 25, 105, 113, 127

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. A P Eagers Limited is a large automotive group that employs many sales consultants.  The automotive industry is traditionally male dominated and Eagers records that 81% of their employees are men.

2. Eagers would like to change that and particularly are very keen to employ more women in sales and service areas.  About 50% of Eagers’ sales customers and an increasing proportion of their service customers are women who often prefer to discuss their automotive needs with another woman (particularly when they visit the dealership on their own).  Eagers also find that female customers will return to their various dealerships if they know they can deal with a woman.  Essentially, employing more women in these customer areas would be good for business.  

3. Eagers has attempted to increase the diversity of their staff with various strategies such as encouraging administrative staff (where the ratio is much more even) to apply for sales and service vacancies and offering full training into these roles; in external advertisements stressing that Eagers is an “equal opportunity employer“ and also stating that women are encouraged to apply; having diversity and equal opportunity policies and objectives in place; setting up a female employee network and meetings and developing criteria to support female employees; and finally consulting outside agencies such as the Equal Opportunity for Women in the Workplace Agency.

4. So far these strategies has not had the desired effect of increasing the numbers of female employees and Eagers now seeks an exemption under section 113 of the Anti-Discrimination Act 1991 from operation of the Act in specific areas.  Eagers says an exemption is sought to allow the company to advertise in gender specific terms for more female employees as sales consultants and in the service advisor roles within the various automotive service departments.

5. On its face, advertising targeted at women only would come within the provisions of the Anti-Discrimination Act 1991 relating to the personal attribute of sex[1] and in the pre-work, work and provision of goods and services[2] under that Act.  Eagers is seeking an exemption from those parts of the Act.

   [1]        Anti-Discrimination Act 1991, s 7(a).

   [2]        Anti-Discrimination Act 1991