Shizas v Commissioner of Police

The case of Shizas v Commissioner of Police involves a claim brought by Mr. Shizas against the Commissioner of the Australian Federal Police (AFP) for discrimination on the grounds of physical disability under section 351(1) of the Fair Work Act 2009 (Cth). Mr. Shizas, who suffers from ankylosing spondylitis, applied for the position of Federal Police Agent Base Police Officer (FPABPO) but was refused employment. He alleged that this refusal was due to his physical disability, which he claims contravenes the anti-discrimination provisions of the Act. The legal issues before the court were whether the prohibition on adverse action applies to a prospective employer, whether Mr. Shizas was refused employment because of his physical disability, and the meaning of “physical disability” in this context. Additionally, the court had to determine whether the refusal was due to the inherent requirements of the FPABPO position and identify those requirements.

The court found that the anti-discrimination provisions of the Fair Work Act do apply to prospective employers in the context of employment refusals. It held that Mr. Shizas’s condition qualified as a “physical disability” under the Act. However, the court concluded that the refusal to employ Mr. Shizas was not due to his physical disability but rather because of the inherent requirements of the FPABPO position, which include the ability to perform physically demanding tasks without posing a risk of injury to oneself or others. The court held that the inherent requirements were appropriately identified by the AFP and were necessary for the safe and effective performance of the job. As such, the refusal to employ Mr. Shizas did not constitute unlawful discrimination.

The court dismissed Mr. Shizas’s application for unfair dismissal and ordered that any application for costs be filed and served within 14 days, accompanied by submissions and any supporting evidence. Any response to a costs application was to be served within 14 days thereafter, also with accompanying submissions and evidence.