(2) maintaining comprehensive anti-discrimination policies;

(3) maintaining a concise and comprehensive procedure for dealing with discrimination-related complaints; and

(4) ensuring its Workforce are fully informed of their rights under these policies and procedures and under the EO Act, and are trained in issues of discrimination;

(f) if the Applicant were to allow a foreign citizen to work on this project in breach of the Security Requirements, the Applicant would face significant penalties and lose the Contract, with the result that the worker would not gain any material benefit;

(g) over the past 5 years, the Applicant has not:

under the terms of the Prior Exemption, which suggests that the number of individuals who will be adversely affected by the granting of the proposed exemption will be very small;

(h) any such adverse effect is outweighed by:

(1) the benefit to the Commonwealth of Australia in ensuring its contractors comply with security measures necessary to protect national security;

(2) the benefit to the Western Australian community through the Applicant's contribution to the Western Australian economy and the creation of jobs; and

(3) the benefit to the Applicant and its officers in avoiding the significant penalties associated with failing to comply with the Security Requirements;

(i) the Applicant is willing and ready to comply with the conditions and limitations set out in paragraphs A to G above.

1. Pursuant to section 135 of the Equal Opportunity Act 1984 (WA) (EO Act), and subject to the conditions contained in Schedule 1, an exemption is granted to the Applicant from the operation of sections 37, 39 and 49 of the EO Act in respect of the activities specified in paragraph 3, for a period on and from 31 July 2020 for 5 years, or the duration of the Contract, whichever is the shorter.
2. The exemption is granted in respect of the operation of sections 37, 39 and 49 of the EO Act insofar as those sections relate to the 'race' (as that attribute is defined in section 4 of the EO Act) of the Applicant's Workforce.
3. The class of activities for which the exemption is granted is:

(a) Requiring members or potential members of the Workforce to provide details of their citizenship (including any changes to their citizenship) to enable the Applicant to determine whether they are permitted under the Security Requirements to participate in the provision of the Services or to have access to Defence Materials;

(b) Disclosing information about the citizenship of members of the Workforce to:

(iii) any other organisation or government department for which or on whose behalf or at whose request the Applicant undertakes work in respect of which the Applicant has (directly or indirectly) an obligation not to transfer Defence Materials on the basis of citizenship;

(c) Maintaining a list, with distribution limited to only those officers and employees with a need to know, of members of the Workforce who are permitted by virtue of their citizenship to participate in the provision of the Services or have access to related Defence Materials so as to distinguish them from members of the Workforce who are not so permitted;

(d) Identifying by means of a pass that is coded in a manner that does not refer to citizenship whether the member of the Workforce has the necessary security clearance to participate in the provision of the Services or have access to related Defence Materials so as to distinguish them from members of the Workforce who are not so permitted;

(e) Restricting access to Defence Materials connected with the Services to particular members of the Workforce based on their citizenship;

(f) Restricting access to areas of its facilities connected with the provision of the Services to particular members of the Workforce based on their citizenship;

(g) Entering into agreements with the Applicant's employees, contractors, agents and consultants pursuant to which those third parties undertake to comply with the Security Requirements, and to take all practicable steps to assist the Applicant in complying with the Security Requirements;

(h) Rejecting applications to join the Workforce in positions relating to the provision of the Services or requiring access to the Defence Materials based on the job applicant's citizenship, and taking into account a person's citizenship in determining who should be offered employment or contract work requiring access to Defence Materials;

(i) Transferring members of the Workforce from the provision of the Services to work in other parts of the Applicant's business on the basis that, due to their citizenship (including a change to their citizenship), the Applicant may not permit them to participate in the provision of the Services;

(j) Terminating the employment or engagement of members of the Workforce on the basis that:

(i) due to their citizenship (including a change to their citizenship), the Applicant may not permit them to participate in the provision of the Services; and

(ii) it is not reasonable in all the circumstances to redeploy or transfer the members of the Workforce to another role within the Applicant's business, or within a business operated by one of the Applicants associated entities.

(k) Advertising positions within the Workforce as being open only to Australian citizens who can obtain the necessary clearances for access to the Defence Materials.

In this exemption:

'Commissioner' means the Commissioner for Equal Opportunity.

'Contract' means the Applicant's contract (including any extensions) with the Commonwealth of Australia to provide the Services to the Australian Defence Force.

'Defence Materials' means any materials or information in relation to which access or use is regulated by the Security Requirements.

'Security Requirements' means:

(a) requirements made by the Australian government, that governments Department of Defence or any other department of that government, including:

(i) requirements under the Defence Trade Controls Act 2012 (Cth) and the Defence Trade Controls Regulations 2013 (Cth);

(ii) requirements contained in the Defence Security Principles Framework;

(b) the requirements of laws of the United States of America, including but not limited to the Arms Export Control Act and the United States International Trafficking in Arms Regulations, including the requirements of any authorisation made under those laws; and

(c) requirements applying to the Applicant under its contract with the Commonwealth to provide the Services to the Australian Defence Force.

'Services' means the warehousing, disposal, distribution, information technology, logistics, and supply chain solutions and services which the Applicant has been engaged to provide to the Commonwealth of Australia and the Australian Defence Force, to which the Security Requirements apply.

'Tribunal' means the State Administrative Tribunal.

Workforce includes the Applicant's employees, contractors and contract workers who are engaged to participate in the provision of the Services in Western Australia.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.