State of New South Wales v Amery

Industrial law (NSW) – Discrimination – Respondents were female teachers employed on a temporary basis as "supply casuals" by the New South Wales Department of Education and Training – Different salary scales applicable to permanent teachers and casual teachers – Permanent teachers entitled to progress along a common incremental salary scale consisting of 13 levels of annual salary – Casual teachers remunerated on a salary scale consisting of five levels, the highest of which equated to level eight of the salary scale of permanent teachers – All but two of the respondents had ceased teaching on a permanent basis either in order to rear children or for other family reasons – Evidence suggested that the proportion of permanent teachers employed in NSW government schools who are men is substantially higher than the proportion of casual teachers who are men – Permanent teachers subject to statutory requirements that did not apply to casual teachers – Whether subjection of casual teachers to different salary scale constituted discrimination on the grounds of sex in the terms or conditions of employment within ss 24(1)(b) and 25(2)(a) of the Anti-Discrimination Act 1977 (NSW) – Whether respondents were required to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the respondents do not or are not able to comply – Whether requirement that respondents obtain appointment as permanent full-time or part-time teachers was a "requirement or condition" within the meaning of s 24(1)(b) – Whether any such requirement was reasonable.

Words and phrases – "requirement or condition", "employment", "terms or conditions of employment".

Administrative Decisions Tribunal Act 1997 (NSW) – ss 113, 119.

Anti –Discrimination Act 1977 (NSW), ss 24, 25, 54.

Industrial Relations Act 1996 (NSW).

Supreme Court Act 1970 (NSW) – s 48.

Teaching Services Act 1980 (NSW) – ss 4, 38, 44, 47, 50, 71, 73, 75, 76.