Religious Discrimination In The Workplace Australia

Religious discrimination in Australia is not governed by a single national law, and that matters most to employers with people in more than one state.

There is no standalone Commonwealth religious discrimination Act. Section 351 of the Fair Work Act 2009 prohibits adverse action because of religion, but it carries a catch. It does not apply where the conduct is not unlawful under the anti-discrimination law in force in the place the action was taken. Because state and territory laws cover religious belief differently, a worker’s protection can depend on which office they sit in.

The unlawful termination provisions are the practical backstop. They expressly cover religion and reach workers across the country where the adverse action was a dismissal.

For a national employer the sensible response is to set one internal standard at the level of the most protective jurisdiction, rather than run different rules per state. The Fair Work Ombudsman sets out the general protections. This is general information rather than legal advice, and this area genuinely warrants a lawyer’s view.

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