United Synergies Ltd

United Synergies Ltd, an organisation that provides services to indigenous people, sought exemption from certain anti-discrimination provisions under the Anti-Discrimination Act 1991. The Queensland Anti-Discrimination Tribunal was required to determine whether United Synergies was exempt from the discrimination provisions because it was essential for its services to be provided by an indigenous person. The Tribunal needed to consider the nature of the services provided, the reasons for the requirement of an indigenous service provider, and the efforts undertaken by United Synergies to increase indigenous participation in its workforce.

The Tribunal considered that the services provided by United Synergies were essential for the indigenous community, and it was crucial that these services be provided by an indigenous person due to cultural sensitivity and understanding. The Tribunal also examined United Synergies' reconciliation action plan and its efforts to increase indigenous participation in its workforce, which stood at 4% at the time. While recognising the importance of increasing indigenous participation, the Tribunal found that the nature of the services required an indigenous service provider and that United Synergies had taken reasonable steps to achieve this goal. The Tribunal concluded that United Synergies qualified for the exemption under the Anti-Discrimination Act.

As a result, the Tribunal ordered that United Synergies be exempt from the operation of sections 14, 15 and 127 of the Anti-Discrimination Act 1991 in relation to discrimination on the basis of race for a period of five years from the date of the decision. This exemption allows United Synergies to continue its services to the indigenous community while also working towards increasing indigenous participation in its workforce.