Ai Group welcomed the opportunity to make a submission in response to the Department of Employment and Workplace Relations (DEWR) consultation paper on Updating the Fair Work Act 2009 to provide stronger protections for workers against discrimination (Discrimination Consultation Paper).

At a conceptual level, Ai Group is concerned that the proposals outlined in the Discrimination Consultation Paper appear to conceive the Fair Work Act 2009 (Cth) as being a potential vehicle for the "levelling up" of employee protections against discrimination, in circumstances where there is no proposal to otherwise reduce the complexity and significant compliance burden for employers that already exists under overlapping anti-discrimination laws at the Commonwealth, State and Territory level.  

Ai Group’s views on the issues raised in the Discrimination Consultation Paper are set out in this submission.

Notwithstanding our overarching concern regarding the proposals, we reiterate that we have sought to constructively engage with the various questions raised by DEWR, and welcome further opportunities to consult with DEWR in relation to the issues in additional sessions planned for the coming weeks.