3.         ANTI-DISCRIMINATION

3.1       It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 (‘the Act’) through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2       Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provision nor their operation are directly and indirectly discriminatory in their effects.

3.3       Nothing in this clause is to be taken to effect

3.3.1    any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti discrimination legislation;

3.3.2    junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3    an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4    the exemptions in s.170CK(3) and (4) of the Act.