61. Anti-discrimination

61.1  It is the intention of the parties to this Agreement to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, membership or non-membership of an association or organisation of employers or employees, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

61.2  Accordingly, every endeavour will be made to ensure that nothing in the operation of this Agreement is directly or indirectly discriminatory in its effect.

61.3  Nothing in this clause is taken to affect:

  1. any different treatment (or treatment having different effects) which is specifically exempted under any relevant anti-discrimination legislation;
  2. or limit a party to this Agreement pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; and
  3. the exemption in s27 and s351 of the Fair Work Act 2009.