Jenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

Labor supports simplifying federal laws by aligning the adverse action and unlawful termination provisions of the Fair Work Act with the provisions of the Sex Discrimination Act. This is also a question of fairness. Labor believes that all Australian workers should receive the same protections under the Fair Work Act, including gender-diverse and intersex employees. We understand that this is the intent of the Greens amendment and we support this intent. That is why we will support the alternative amendment, which I understand will be moved subsequent to this one, which brings the relevant Fair Work Act provisions into alignment with the Sex Discrimination Act. However, rather than aligning the adverse action and unlawful termination provisions of the Fair Work Act with the Sex Discrimination Act, the amendment before us would introduce a new definition, of 'sex characteristics' into the Fair Work Act, and this would create a new inconsistency between the two acts.

Just.equal and a number of other organisations have argued that the definition of 'intersex status' in the Sex Discrimination Act is out of date. They have recommended that the Fair Work Act adopt the new definition of 'sex characteristics', like the definition that was recently adopted by the ACT government in its Discrimination Act, rather than using the old definition of 'intersex status'. In this amendment, the Greens propose to adopt that definition in the Fair Work Act, but they're not proposing to replace the current definition of 'intersex status' in the Sex Discrimination Act. The subject matter of the amendment is really important, but it is different to the subject matter of the bill, which is already complex and far ranging.

In relation to this particular bill, Labor's focus has been on implementing the recommendations of the Respect@Work report. Consequently, we have not had the opportunity to consult widely on other issues relating to the Fair Work Act and the Sex Discrimination Act, including the new definition that is proposed in this amendment. We know from our long experience that it is unwise to amend antidiscrimination laws—in particular, key definitions—without a thorough and focused consultation process. Labor will not support this amendment.