Baird v State of Queensland [2006] FCAFC 162

Baird v State of Queensland [2006] FCAFC 162

The calculation and payment of grants by the State to the Church for wages on Aboriginal reserves, calculated by reference to below-award wages rather than award wages and based on the Aboriginality of the recipients, constituted an act involving a distinction based on race that impaired the right to equal pay for equal work, thereby contravening s 9(1) of the Racial Discrimination Act 1975 (Cth).

Parties
Appellant: James Stanley Baird; Appellant: Marie Creek; Appellant: Frank Tayley; Appellant: Henry Walker; Appellant: Henry Deeral; Appellant: Edgar Ivan Gibson; Appellant: Anita Karen Gordon; Appellant: Ella Woibo; Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Racial Discrimination, Employment Law, Equal Pay, Remedies Under Racial Discrimination Act
Human Rights Anti Discrimination Racial Discrimination Employment Law Equal Pay Remedies Under Racial Discrimination Act

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Parties

James Stanley Baird

Appellant

Marie Creek

Appellant

Frank Tayley

Appellant

Henry Walker

Appellant

Henry Deeral

Appellant

Edgar Ivan Gibson

Appellant

Anita Karen Gordon

Appellant

Ella Woibo

Appellant

State of Queensland

Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the State of Queensland contravened s 9 of the Racial Discrimination Act 1975 (Cth) by determining and paying grants based on below-award wages to Aboriginal workers on church-run reserves, thereby impairing the enjoyment of the right to equal pay for equal work.
  2. 2 Whether such conduct constituted an act involving a distinction, exclusion, restriction or preference based on race under s 9(1) of the Act.

Ratio Decidendi

The calculation and payment of grants by the State to the Church for wages on Aboriginal reserves, calculated by reference to below-award wages rather than award wages and based on the Aboriginality of the recipients, constituted an act involving a distinction based on race that impaired the right to equal pay for equal work, thereby contravening s 9(1) of the Racial Discrimination Act 1975 (Cth).

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The orders made by the Court on 30 August 2005 be set aside.