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Original Articles

The mirage of justice: women and the shrinking state

Pages 53-74 | Published online: 02 Mar 2015

  • See for example Dowse Sara ‘The women's movement's fandango with the state: the movement's role in public policy since 1972’ in Baldock Cora and Cass Bettina (eds) Women, Social Welfare and the State in Australia Allen & Unwin Sydney 1983 at 201; Franzway Suzanne Court Dianne and Connell RW Staking a Claim: Feminism, Bureaucracy and the State Allen & Unwin Sydney 1989; Sawer Marian Sisters in Suits: Women and Public Policy in Australia Allen & Unwin Sydney 1990; Watson Sophie (ed) Playing the State: Australian Feminist Interventions Allen & Unwin Sydney 1990; Eisenstein Hester Gender Shock: Practising Feminism on Two Continents Allen &c Unwin Sydney 1991; and Sawer Marian ‘Reclaiming social liberalism; the women's movement and the state’ in Howe Renate (ed) Women and the State: Australian Perspectives LaTrobe University Press Bundoora 1993 at 1.
  • Sawer Sisters in suits above note 1 at 45–60; Kaplan Gisela The Meagre Harvest: The Australian Women's Movement 1950s-1990s Allen & Unwin Svdnev 1996 at 35–37.
  • Smart Carol Law, Crime and Sexuality: Essays in feminism Sage Publications London 1995 at 108.
  • Bakker Isabella ‘Introduction: the gendered foundations of restructuring in Canada’ in Isabella Bakker (ed) Rethinking Restructuring: Gender and Change hi Canada University of Toronto Press Toronto 1996 at 11.
  • Nightingale Martina ‘Women and a flexible workforce’ in Edwards Anne and Magarev Susan (eds) Women in a Restructuring Australia: Work & Welfare Allen & Unwin Sydney 1995 121 at 137–38.
  • Ronalds Chris Affirmative Action and Sex Discrimination: A Handbook on Legal Rights for Women (2nd ed) Pluto Press Svdnev 1987 at 1.
  • Sex Discrimination Act 1984 (Cth) ss 3(b) and (c).
  • Ronalds above note 6 at 7.
  • For example, Wardley v Ansett Transport Industries (Operations) Pty Ltd (1984) EOC 92–002; C & Ors v Australian Telecommunications Corporation (1992) EOC 92–437. See also Najdovska v Australian Iron & Steel Pty Ltd (1985) EOC 92–140.
  • For example, Stoker v Kellogg (Australia) Pty Ltd (1984) EOC 92–021; Hall & Ors v A A Sheiban Pty Ltd & Ors (1989) EOC 92–250; Gibbs v Australian Wool Corporation (1990) EOC 92–327; Shaw v Perpetual Trustees (1993) EOC 92–550; Djokic v Sinclair (1994) EOC 92–643.
  • For example, Squires v Qantas Airways Ltd (1985) EOC 92–135; Kemp v Minister for Education (1991) EOC 92–340; Fares v Box Hill College ofTAFE (1992) EOC 92–391.
  • For example, Tobin v Diamond Valley Community Hospital (1985) EOC 92–139; Allders International Pty Ltd v Anstee (1986) EOC 92–157; Australian iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165; Allegretta v Prime Holdings Pty Ltd t/a Phoenix Hotel (1991) EOC 92–364.
  • SDA s 6.
  • SDA ss 5(2), 6(2), 7(2), 7B and 7C.
  • SDA ss 28A-28L.
  • Formerly s 33 now s 7D.
  • SDA s 40.
  • SDA s 41.
  • SDA s 43; Sex Discrimination Regulations 1984 (Cth) reg 3.
  • Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.
  • House of Representatives Standing Committee on Legal and Constitutional Affairs Half Way to Equal: Report of the Inquiry into Equal Opportunity and Equal Status for Women in Australia AGPS Canberra 1992.
  • Australian Law Reform Commission (ALRC) Equality Before the Law: Justice for Women Report No 69 Part I 1994.
  • House of Representatives Standing Committee on Legal and Constitutional Affairs above note 21 at 218; ALRC above note 22 at 37–39.
  • Australian Law Reform Commission (ALRC) Equality Before the Law: Women's Equality Report No 69 Part II 1994 at 64.
  • ALRC above note 24.
  • ALRC above note 24.
  • Edwards Anne and Magarey Susan ‘Introduction’ in Edwards and Magarev above note 5 at 1.
  • Probert Belinda ‘A restructuring world?’ in Edwards and Magarey above note 5 at 23.
  • While ‘Grass Roots’ was set in a fictional local government area in outer Sydney, compulsory competitive tendering of local government services was a particular hallmark of the Kennett Government in Victoria (1992–99).
  • Nightingale above note 5 at 13; Probert Belinda Part-Time Work and Managerial Strategies: Flexibility in the New Industrial Relations Framework AGPS Canberra 1995 at 1; Charlesworth Sara Structuring Flexibility: Enterprise Bargaining, Women Workers and Wages to Working Hours Human Rights and Equal Opportunity Commission Sydney 1996; Pocock Barbara ‘All change, still gendered: the Australian labour market in the 1990s’ (1998) 40 Journal of Industrial Relations 580 at 597.
  • Bakker above note 4 at 15.
  • Lewis Helen Part-Time Work: Trends and Issues AGPS Canberra 1990; Dawkins Peter and Norris Keith ‘Casual employment in Australia’ (1990) 16 Australian Bulletin of Labour 153 at 167; Neave Marcia ‘From difference to sameness: law and women's work’ (1992) 18 Melbourne University Law Review 768 at 769; Norris Keith ‘Recent trends in labour mobility and job durations’ (1993) 19 Australian Bulletin of Labour 49; Gregory Bob ‘Structural changes and the Australian labour market over recent decades’ in Australian Council of Social Services The Future of Work Pluto Press Sydney 1995 at 100; Pocock Barbara ‘Women's work and wages’ in Edwards and Magarey (eds) above note 5 at 99–100; Pocock above note 30.
  • Charlesworth above note 30; Heiler Kathryn ‘Working time arrangements in Australia: policy-free zone?’ in Bryce M (ed) Industrial Relations Policy Under the Microscope ACCIRT Working Paper No 40 Sydney 1996 at 33; Buchanan John and Bearfield Sue Reforming Working Time: Alternatives to Unemployment, Casualisation and Excessive Hours Brotherhood of St Laurence Fitzrov 1997.
  • Sydney Morning Herald 4 August 1999. The case was taken to the NSW Industrial Relations Commission but settled prior to hearing.
  • Industrial Relations Reform Act 1993 (Cth); Workplace Relations Act 1996 (Cth) Pt VID; Industrial Relations Act 1991 (NSW) Ch 2, Pt 3 (repealed and replaced by Industrial Relations Act 1996 (NSW)); Employee Relations Act 1992 (Vic) Pt 2 (repealed by Commonwealth Powers (Industrial Relations) Act 1996 (Vic)); Industrial Relations Act 1984 (Tas) Pt IVA; Workplace Agreements Act 1993 (WA) Pt 2A; Industrial and Employee Relations Act 1994 (SA) Ch 3, Pt 2; Workplace Relations Act 1997 (Qld) Ch 2, Pt 2 (repealed and replaced by Industrial Relations Act 1998 (Qld)).
  • National Wage Case April 1991 Print J7400 at 56; Women's Electoral Lobby Statement of Concerns: Impact of Enterprise Bargaining on Women AGPS Canberra 1992; Scutt Jocelynne ‘Enterprise bargaining vs centralised wage fixing’ in Tullv Kate (ed) Women and Enterprise Bargaining: Who Benefits? National Women's Consultative Council Canberra 1992 at 21; Bennett Laura ‘Women and enterprise bargaining: the legal and institutional framework’ (1994) 36 Journal of Industrial Relations 191; Hall Philippa and Fruin Di ‘Gender aspects of enterprise bargaining: the good, the bad and the uglv’ in Morgan D (ed) Dimensions of Enterprise Bargaining and Organisational Relations UNSW Press Sydney 1994 at 77; Nightingale above note 5 at 121.
  • Ruberv Jill ‘Pay, gender and the social dimension in Europe’ (1992) 4 British Journal of Industrial Relations 606; Whitehouse Gillian ‘Legislation and labour market gender inequality: an analysis of OECD Countries’ (1992) 6 Work, Employment and Society 65; Peetz David, Preston Alison and Docherty J (eds) Workplace Bargaining in the InternationaI Context Department of Industrial Relations Canberra 1993; Gunderson M Comparable Worth and Gender Discrimination: An International Perspective International Labour Office Geneva 1994; Owens Rosemary J ‘Law and feminism in the new industrial relations’ in Hunt Ian and Provis Chris (eds) The New Industrial Relations in Australia Federation Press Sydney 1995 at 55–56; Pocock Barbara ‘Equal pay 30 years on: the policy and practice’ (1999) 32 Australian Economic Review 279; Whitehouse Gillian and Zetlin Di ‘National labour regulation and employment equity’ in Edwards Paul and Elger Tony (eds) The Global Economy, National States and the Regulation of Labour Mansell London 1999.
  • See for example Workplace Relations Act 1996 (Cth) ss 83BB(2)(a) and 170LT(7)(a).
  • Jamieson Suzanne ‘Equal pay: theory and practice in two countries’ in Morris Anne and O'Donnell Therese (eds) Feminist Perspectives on Employment Law Cavendish Publishing London 1999 at 223.
  • Hall and Fruin above note 36; Reiman C Has Enterprise Bargaining Affected the Gender Wage Gap in Australia? Paper presented at the AIRAANZ Annual Conference, Adelaide 1999.
  • Hall and Fruin above note 36; Department of Employment, Workplace Relations and Small Business Agreement Making Under the Workplace Relations Act: 1997 Report AGPS Canberra 1998.
  • Wooden Mark ‘Enterprise bargaining and the gender earnings gap’ (1997) 23 Australian Bulletin of Labour 214; Wooden Mark ‘Gender pay equity and comparable worth in Australia: a reassessment’ (1999) 32 Australian Economic Review 157; Whitehouse Gillian ‘Recent trends in pay equity: beyond the aggregate statistics’ (2001) 43 Journal of Industrial Relations 66.
  • The Workplace Relations Act 1996 (Cth) s 89A, limits the coverage of awards to a specified number of ‘allowable award matters’. Awards that dealt with matters other than those listed in s 89A(2) have been ‘stripped’ of their non-allowed content. Non-allowed matters include paid rates, notice and consultation procedures for redundancies and workplace change, minimum or maximum hours of work for regular parttime employees, restrictions on the number or proportion of part-time or casual employees, and work-based child care provisions.
  • Strachan Glenda and Burgess John Employment Restructuring, Enterprise Bargaining and Employment Conditions for Women Workers Paper presented at the 11th AIRAANZ Conference, Brisbane 30 January to 1 February 1997; Burgess John and Strachan Glenda ‘The expansion of non-standard employment in Australia and the extension of employers' control’ in Felstead Alan and Jewson Nick (eds) Global Trends in Flexible Labour Macmillan London 1999 at 128.
  • Owens Rosemary J ‘Women, “atypical” work relationships, and the law’ (1993) 19 Melbourne University Law Review 399; Hall Richard, Harlev Bill and Whitehouse Gillian ‘Contingent work and gender in Australia: evidence from the 1995 Australian Workplace Relations Survey’ (1998) 9 Economic and Labour Relations Review 55.
  • Hunter Rosemary ‘The regulation of independent contractors: a feminist perspective’ (1992) 5 Corporate and Business Law Journal 165; Owens Rosemary J ‘The peripheral worker: women and the legal regulation of outwork’ in Thornton Margaret (ed) Public and Private: Feminist Legal Debates Oxford University Press Melbourne 1995 at 40; Industrial Relations Commission of NSW Pay Equity Inquiry: Report to the Minister 1998 Vol 1 at 523–647.
  • House of Representatives Standing Committee on Legal and Constitutional Affairs above note 21 at 35–37.
  • Superannuation Guarantee (Administration) Act 1992 (Cth).
  • Sharp Rhonda ‘Women and superannuation: super bargain or raw deal?’ in Edwards and Magarey (eds) above note 5 at 175; Murphy Jill ‘Superannuation coverage of women from a non-English speaking background’ (1995) 21 Australian Bulletin of Labour 208; Cox Eva and Myson Catherine ‘Not a super deal for women’ (1995–96) 72(4) Current Affairs Bulletin 4; Fletcher Elizabeth ‘Women with family responsibilities need not apply: discriminatory practices in the superannuation industry’ (1996) 21 Alternative Law Journal 230; Onyx Jenny ‘Issues affecting women's retirement planning’ (1998) 33 Australian Journal of Social Issues 379; Mears Jane and Watson Elizabeth ‘Working and caring: women's wellbeing and financial security’ SPRC Reports and Proceedings No 141 December 1999 at 159.
  • Lee Julie-Anne and Strachan Glenda ‘Who's minding the baby now? Childcare under the Howard Government’ (1998) 9 Labour and Industry 81. See also Brennan Deborah The Politics of Australian Child Care: Philanthropy to Feminism and Beyond (rev ed) Cambridge University Press Melbourne 1998; and now A New Tax System (Family Assistance) Act 1999 (Cth) Pt 3 Div 4 Subdivs F-G.
  • Income Tax Assessment Act 1936 (Cth) s 159J(4); A New Tax System (Family Assistance) Act as above.
  • Gerstel N and Gallagher S ‘Caring for kith and kin: gender, employment and the privatisation of care’ (1994) 41 Social Problems 519.
  • As announced by the then Minister for Family and Community Services, Senator Jocelvn Newman, as part of her proposed ‘welfare reform’ package, December 2000. See www.facs.gov.au/internet/facsinternet.nsf/aboutfacs/programs/esp.gov_response.htm.
  • Family Law Act 1975 (Cth) s 60B; Child Support Legislation Amendment Act 1988 (Cth). See also Dewar John 'The Family Law Reform Act 1995 (Cth) and the Children Act 1989 (UK) compared—twins or distant cousins?' (1996) 10 Australian Journal of Family Law 18 at 26–28; Rhoades Helen, Gravear Reg and Harrison Margaret The Family Law Reform Act 1995: The First Three Years Family Court of Australia Sydney 2001 at 8–10.
  • SDA ss 7A and 14(3A).
  • SDA s 14(4).
  • Sex Discrimination Commissioner Pregnant and Productive: Report of the National Pregnancy and Work Inquiry Human Rights and Equal Opportunity Commission Sydney 1999.
  • ‘Government Response to the National Pregnancy and Work Inquiry Report’ 2000 <law.gov.au/aghome/legalpol/cld/human/Govt_response.html>.
  • Sex Discrimination Commissioner above note 57 recommendations 1, 8, 9 and 42.
  • Sex Discrimination Bill (No 1) 2000 (Cth).
  • Senate Legal and Constitutional Legislation Committee Inquiry into the Provisions of the Sex Discrimination Amendment Bill (No 1) 2000 (February 2001) available at www.aph.gov.au/senate/committee/legcon_ctte/sexdisreport/index.htm.
  • Finance Sector Union v Commonwealth Bank (1997) EOC 92–889; Commonwealth Bank v HREOC (1998) EOC 92–908.
  • Gibbs v Commonwealth Bank (1997) EOC 92–877.
  • SDA s 40(e).
  • McRostie v Boral Resources (1999) EOC 92–994.
  • Van Druten v Sheraton Pacific Hotels (1996) EOC 92–855.
  • Ratcliffe v North Yorkshire County Council [1995] 3 All ER 597. The case was brought under the UK Equal Pay Act 1970.
  • Wylie v Western Australian Government Employees Superannuation Board (1997) EOC 92–873; AEU (Tasmanian Branch) v Tasmania (1999) EOC 93–011.
  • For example, Dunn-Dyer v ANZ Bank (1997) EOC 92–897; Hickie v Hunt & Hunt (1998) EOC 92–910; McKenna v State of Victoria (1998) EOC 92–927; State of Victoria v McKenna (2000) EOC 93–080.
  • Nine out of 29 cases.
  • Complaints by women make up 83–86 per cent of complaints under the SDA each year, while complaints by men make up 12–14 per cent of complaints under the SDA: Human Rights and Equal Opportunity Commission Annual Report 1996–1997 (1997) at 23; Annual Report 1997–98 (1998) at 29; Annual Report 1998–99 (1999) at 32 (figure for women only); Annual Report 1999–2000 (2000) at 39 (figure for women only).
  • Ware v Department of Family and Community Services (2000) EOC 93–093.
  • K v Domestic Violence Crisis Service (1999) EOC 93–021.
  • Halliwell v Stevens (1998) EOC 92–914.
  • Brennan v NSW Fire Brigades (1996) EOC 92–845.
  • HREOC Annual Report 1996–1997 above note 71 at 15; Annual Report 1997–98 above note 71 at 22; Annual Report 1998–99 above note 71 at 27; Annual Report 1999–2000 above note 71 at 32.
  • HREOC Annual Report 1996–97 as above at 22; Annual Report 1997–98 as above at 28; Annual Report 1998–99 as above at 33; Annual Report 1999–2000 as above at 41.
  • www.hreoc.gov.au/complaint_info/register/sda.
  • www.hreoc.gov.au/complaint_info/register/sda/r_sdaJuneOO.html; www.hreoc.gov.au/complaint_info/register/sda/r_sda_Dec99.html; www.hreoc.gov.au/complaint_info/register/sda/r_sdaJune99.html. The cases were: (1) complainant alleged respondent failed to notify her of a restructure when she was on maternity leave—policy and procedure change, $20,000 compensation; (2) complainant took maternity leave, chose to return earlier than expected and requested a variation in her hours, alleged respondent ‘re-employed’ her as a casual, her previous permanent full-time job was given to someone else and her maternity leave terminated—reference provided, $3700 compensation; (3) complainant worked part time, applied for TPD and life insurance from respondent who rejected application because complainant worked less than 30 hours/week and therefore ineligible—provision of goods and services; (4) complainant a casual employee, alleged she was dismissed when she advised her employer she was pregnant—$200 compensation; (5) complainant claimed when it was time for her to return to work post-maternity leave she was advised by her employer her position had become redundant—$3253 compensation.
  • Smart above note 3 at 150.
  • Connell RW ‘The state, gender and sexual politics: theory and appraisal’ (1990) 19 Theory and Society 507 at 536, noting that in the 1980s, EEO and anti-discrimination legislation were reforms with few budgetary implications that fitted with other state strategies such as modernising bureaucracy (together with the broader rationalisation of employment structures).
  • This can be seen not only in the irrelevance of the SDA to women's current workplace disadvantages, as discussed above, but also in direct measures such as the slashing of HREOC's budget by 40 per cent over three years, several gaps in the appointment of Sex Discrimination Commissioners and changed priorities for the Commissioner's role, the proposal to water down the marital status provisions of the SDA, and the Attorney-General's granting of a fiat to the Australian Catholic Bishops Conference to challenge the McBain decision in the High Court. See Oftenberger Sharon and Banks Robin ‘Wind out of the sails: new Federal structure for the administration of human rights legislation’ (2000) 6(1) Australian journal of Human Rights 239 at 240; HREOC Annual Report 1996–97 above note 71; HREOC Annual Report 1997–98 above note 71; Attorney-General news release ‘Catholic Bishops granted a fiat for High Court case’ 14 August 2001.
  • A recent newsletter from Sydney's Public Interest Advocacy Centre reinforces this point. It notes that ‘WTO negotiations on Trade in Services, quietly taking place behind closed doors, are threatening to reduce the power of governments to regulate in the public interest and could give transnational companies market access to our public health and education systems’. PIAC e-bulletin no 61 26 February 2001.
  • Weston Ruth and Smyth Bruce ‘Financial living standards after divorce’ Family Matters no 55 Autumn 2000 10 at 14.
  • See for example Field Chris and Giddings Jeff ‘A history of legal aid in Victoria’ in Jeff Giddings (ed) Legal Aid iti Victoria: At the Crossroads Again Fitzrov Legal Service Fitzrov 1998 20 at 20–28; Access to Justice Advisory Committee Access to Justice: An Action Plan Commonwealth of Australia Canberra 1994 at 228.
  • For example: Armstrong Susan and Verlato Flavio ‘Can Legal Aid afford private lawyers?’ (1980) 5 Legal Service Bulletin 88; Armstrong Susan ‘Legal services: comparing costs’ (1982) 7 Legal Service Bulletin 162; Meredith GG Legal Aid: Cost Comparison—Salaried and Private Lawyers AGPS Canberra 1983; Crockett Andrew Cost Comparison Project: Final Report Commonwealth Attorney-General's Department Canberra 1995; National Legal Aid Advisory Committee Legal Aid for the Australian Community AGPS Canberra 1990; Senate Standing Committee on Legal and Constitutional Affairs Legal Aid: For Richer and For Poorer Canberra 1992; Access to Justice Advisory Committee as above.
  • As were—separately—interventions on behalf of people of non-English speaking backgrounds. See Accessing Legal Aid: Access to Legal Aid and Assistance by People of Non-English Speaking Background Office of Multicultural Affairs Canberra 1995.
  • Office of Legal Aid and Family Services Gender Bias in Litigation: Legal Aid Attorney-General's Department Canberra 1994.
  • ALRC above note 22 ch 4.
  • Gravear Regina and Morgan Jenny ‘Disabling citizenship: civil death for women in the 1990s’ (1995) 17 Adelaide Law Review 49. See also Mossman Mary Jane ‘Gender equality and legal aid services: a research agenda for institutional change’ (1993) 15 Sydney Law Review 30; van Moorst Elsje and Deverall Kate for Women's Legal Resources Group Ine ‘Justice for all: women's access to legal aid and justice in Victoria’ (1993) 1 Australian Feminist Law Journal 147.
  • Dietrich v R (1992) 177 CLR 292.
  • ALRC above note 22 at 102–104.
  • ALRC above note 22 at 107 recommendation 4.3.
  • Australian Law Reform Commission Equality Before the Law: Women's Access to the Legal System Report No 67 (1994)ch 4.
  • ALRC above note 22 at 117 recommendation 5.1. The ALRC also recommended specific provisions for women of non-English speaking background, women in rural areas, and Aboriginal and Torres Strait Islander women: at 117 recommendation 5.1 and 128 recommendation 5.2.
  • Commonwealth Attorney-General's Department The Justice Statement Commonwealth of Australia Canberra 1995 chapter 5.
  • At 75 Commonwealth Attorney-General's Department above note 96 at 75.
  • At 97 Commonwealth Attorney-General's Department above note 96 at 97.
  • At 76 Commonwealth Attorney-General's Department above note 96 at 76.
  • The phrase is Kathleen Lahev's: 'Feminist theories of (in)equality’ (1987) 3 Wisconsin Women's Law Journal 5 at 15.
  • See Senate Legal and Constitutional References Committee Inquiry into the Australian Legal Aid System: Third Report 1998 Ch 1 and Appendices 4 and 5 (Commonwealth-State Legal Aid Agreements).
  • Commonwealth-State Legal Aid Agreements July 1997 Sch 2: ‘Commonwealth Priorities’, Sch 3: ‘Commonwealth Guidelines’.
  • Hunter Rosemary with Genovese Ann, Melville Angela and Chrzanowski April Legal Services in Family Law Justice Research Centre Sydney 2000 at 220. The study was undertaken by the Justice Research Centre, Law Foundation of NSW, and funded by the Commonwealth Attorney-General's Department and Department of Finance and Administration.
  • At 8 Hunter and others above note 103.
  • As above; Legal Aid Queensland 'Factsheet 10: family law conferences’ available at www.legalaid.qld.gov.au.
  • Women's Legal Service Brisbane 'Submission on the Australian Law Reform Commission, Issues Paper 22: review of the adversarial system of litigation’ September 1998 at 16 20 48–49.
  • The LAQ Factsheet on Family Law Conferences states that ‘Around 75 per cent of people who apply for legal aid resolve their family law dispute at a conference’: Legal Aid Queensland above note 105. The remaining 25 per cent will not necessarily receive a grant of aid for court proceedings. See also Hunter and others above note 103 at 8.
  • Hunter and others above note 103 at 213.
  • Hunter and others above note 103 at 214.
  • Hunter and others above note 103 at 211.
  • Under the July 1997 and subsequent guidelines, aid may only be granted for parenting orders if there is ‘a dispute about a substantial issue’: ‘Commonwealth Guidelines’ above note 102 Guideline 2.1(i). Consequently, if a matter is partially resolved, the remaining issue(s) in dispute may not be considered ‘substantial’, and the party's legal aid grant may be terminated.
  • Hunter and others above note 103 at 242–48.
  • Fraser Nancy Justice Interruptus: Critical Reflections on the ‘Postsocialist’ Condition Routledge New York 1997 at 25.
  • ‘Commonwealth Guidelines’ above note 102 Merits Test.
  • Brodie Janine ‘Restructuring and the New Citizenship’ in Bakker Isabella (ed) above note 4 at 130 and 137.
  • By contrast, an almost identical case in England was run as an issue of indirect sex discrimination under the UK Sex Discrimination Act J 975: London Underground v Edwards [1999] ICR 494.
  • Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30.
  • Greater Dandenong City Council v Australian Services Union [2001] FCA 349.
  • See Workplace Relations Act 1996 ss 298K(1)(a) (prohibited reasons for decision) and 298L(1)(h) (entitlement to the benefit of an industrial instrument).
  • Finance Sector Union v Commonwealth Bank [2000] FCA 1372.
  • Re Equal Remuneration Principle [2000] NSWIRComm 113; Equal Remuneration Principle Decision Tasmanian Industrial Relations Commission 6 July 2000; Queensland Industrial Relations Commission Worth Valuing: A Report of the Pay Equity Inquiry 2001.
  • Sandoval Chela Methodology of the Oppressed University of Minnesota Press Minneapolis 2000 at 184.
  • See Pahuja Suridhya ‘Trading spaces: locating sites for challenge within international trade law’ (2000) 14 Australian Feminist Law Journal 38.
  • See for example Kemp MP Hon Dr DA Knowledge and Innovation: A Policy Statement on Research and Research Training Commonwealth of Australia Canberra 1999.
  • Cited in Simpson Gerry J and Charlesworth Hilary ‘Objecting to objectivity’ in Hunter Rosemary, Inglebv Richard and Johnstone Richard (eds) Thinking About Law: Perspectives on the History, Philosophy and Sociology of Law Allen & Unwin Sydney 1995 86 at 119.

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