Re: Kalwun Development Corporation Limited

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Kalwun Development Corporation Limited [2019] QIRC 141

PARTIES:  

Kalwun Development Corporation Limited (Applicant)

CASE NO:

AD/2019/84

PROCEEDING:

Application

DELIVERED ON:

20 September 2019

MEMBER:

HEARD AT:

O'Connor VP

On the papers

ORDERS:

1. Kalwun Development Corporation Limited is exempt from the operations of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute in s 7(a).

2.      The exemption applies only in respect of actions or omissions which are reasonably necessary in relation to the advertising, recruitment, and employment practices for Young Wellbeing Workers at the Kalwun Development Corporation Limited.

3.      The exemption shall apply to Kalwun Development Corporation Limited for a period of five years from the date of this decision.

CATCHWORDS:

ANTI-DISCRIMINATION – EXEMPTION – DISCRIMINATION ON THE BASIS OF SEX – whether exemption for discrimination in work and work-related areas is available – whether exemption is necessary – whether exemption is reasonable and appropriate – where exemption would provide certainty – exemption granted

LEGISLATION:

CASES:

Anti-Discrimination Act 1991 s 7(a), s 14, s 15, s 15A, s 113, s 124, s 127, s 174B

City of Brunswick: re. Application for Exemption from provisions of Equal Opportunity Act (1992) EOC 92-450

Exemption application re: Boeing Australia Holdings Pty Ltd and Ors [2003] QADT 21

Exemption Application re: Mt Isa Mines Ltd [2001] QADT 16

Minister for Education and Commissioner for Equal Opportunity and Ors (1987) EOC 92-198

Stevens v Fernwood Fitness Centres Pty Ltd (1996) EOC 92-782

Reasons for Decision

1. On 19 August 2019 Kalwun Development Corporation Limited (the Applicant) filed an application for an exemption from the operation of specified provisions of the Anti-Discrimination Act 1991 Qld ("the ADA").

2. The Kalwun Development Corporation's primary focus is to provide support to Aboriginal and Torres Strait Islander children and young people living within at-risk families throughout the Gold Coast region.

3. Kalwun's Child and Family Support Services division requires a team of two Young Wellbeing Workers. The application before the Tribunal states that one position has already been filled internally by a male employee. However, Kalwun has identified that, for the following reasons, the second position ought to be filled by a female employee:

·    The primary focus of the position is to provide support for vulnerable Aboriginal and Torres Strait Islander children and young people living within at-risk families throughout the Gold Coast area. The Youth Wellbeing Worker will enhance opportunities for these young people to participate in activities that support the development of self-worth, community inclusion and family relationship;

·    The young people using the program will typically be from situations of abuse, violence and either have a history of prior offending or be at risk of offending;

·    The current incumbent of the fulltime Youth Wellbeing worker is a male and will typically work with young indigenous males, and Kalwun requires a female Youth Wellbeing Worker to be the primary support for young indigenous females;

·    The female Youth Wellbeing Worker will focus on…