Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 268

268 Transitional provisions about compulsory age retirement

(1) Subject to section 106A (Compulsory retirement age under legislation etc.), a provision of—

(a) a previous industrial order; or

(b) a previous industrial agreement; or

(c) a previous public sector policy;

is of no effect so far as it requires, or requires or authorises the compelling of, a worker to retire on or after reaching a particular age.

(2) If a compulsory retirement age is—

(a) set for a person on or before 30 June 1994 under section 32(1) (Compulsory retirement age) as in force on that day; or

(b) specified for a person under a previous agreement;

then, by force of this subsection, the person is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age set or specified unless the compulsory retirement age is subsequently waived by the relevant parties.

(3) Subject to section 106A, a previous provision of an Act is of no effect so far as it has the effect, apart from this subsection, of disqualifying, or requiring or authorising the disqualification of, a person from applying for or being appointed to an office or position or other work because the person has reached a particular age.

(4) Subject to section 106A, a previous provision of an Act is of no effect so far as it requires, or requires or authorises the compelling of, a person to end work on or after reaching a particular age.

(5) Subsections (1), (3) and (4) have effect despite section 106 (Acts done in compliance with legislation etc.).

(6) In this section—

"previous agreement" means any agreement in existence on 30 June 1994 other than a previous industrial agreement.

"previous industrial agreement" means a certified agreement, enterprise flexibility agreement or industrial agreement within the meaning of the Industrial Relations Act 1990 in force on 30 June 1994.

"previous industrial order" means an order or award of a court or tribunal having power to fix minimum wages and other terms of employment in force on 30 June 1994.

"previous provision of an Act" means a provision of an Act in force on 30 June 1994.

"previous public sector policy" means a policy, standard or other instrument of a previous public sector unit that applied on 30 June 1994 to an employee of the unit.

"previous public sector unit" means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990 .