Work 45+

Every Tasmanian has the right to work for as long as they are willing and able. Work45+ exists to help make this possible.

Developed in consultation with older job seekers, employers, and job service providers, Work45+ brings together practical information, advice, and resources to support:

Job seekers aged 45+, whether looking for work by choice or necessity
Employers who want to find and value experienced staff

Age equality in the workplace

Research shows that many people begin to face barriers to work from the age of 45. That is why Work45+ also includes a strong focus on age equality in the workplace

Work45+ was officially launched on Monday, 25 May 2020, by Jeremy Rockliff, then Minister for Community Development and Minister for Education and Training.

Age Equality:

Age Equality is the Law. In Tasmania and across Australia, it is unlawful to discriminate against a person because of their age. This applies to recruitment, job ads, and treatment during employment.

Employers and recruiters must not deny someone a job, reduce their opportunities, or treat them unfairly because of age. While they may ask for your age or date of birth for validation or statistical purposes, they cannot use this information to influence hiring decisions.

If you believe you have been denied work or treated unfairly because of your age, you may be experiencing age discrimination, and you have the right to make a complaint.

Key Legislation protecting older Workers

Fair Work Act 2009 (Commonwealth): makes it unlawful for an employer to take adverse action against someone because of their age.
Anti-Discrimination Act 1998 (Tasmania): prohibits discrimination on the basis of age in employment.
Age Discrimination Act 2004 (Commonwealth): prohibits age-based discrimination in employment and related matters

Some exemptions apply (for example, positive discrimination in limited circumstances).

Job ads must be fair:

Employers and recruiters must ensure their job ads are not age-discriminatory.

Examples from Equal Opportunity Tasmania include:

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Complaints and Rights:

If you believe you have been overlooked for work, asked inappropriate questions, or treated poorly in a job interview because of your age, you can make a formal complaint.

When making an age-discrimination complaint, you can complain about age discrimination to the:

Fair Work Ombudsman or Fair Work Commission
Tasmanian Anti-Discrimination Commissioner
Australian Human Rights Commission

Numerous considerations will determine which organisation you decide to approach in the first instance. You are advised to make contact with one or all of the organisations to discuss which one is likely to be most appropriate for your circumstances.

If you would like to talk to a legal expert about which jurisdiction would be best, consider contacting the Legal Aid Commission of Tasmania (ring 1300 366 611) or a community legal centre.

If you make a complaint of age discrimination, the person or organisation you are complaining against may be given a copy of your complaint and asked to respond.

Fair Work Ombudsman and Fair Work Commission:

The Fair Work Ombudsman investigates allegations of unlawful workplace discrimination and may initiate litigation against a national system employer for contravening Commonwealth Fair Work legislation. To contact the Fair Work Ombudsman, ring 13 13 94.

If you believe you have been unfairly dismissed because of your age, you should approach the Fair Work Commission in the first instance. You must do this within 21 days of your dismissal. To contact the Fair Work Commission, ring 1300 799 675.

Where discrimination is determined to have occurred, there are a number of remedies available, including fines, reinstatement, and compensation.

More information about making a complaint to the Fair Work Ombudsman or the Fair Work Commission can be found here.

Tasmanian Anti-Discrimination Commissioner:

If you intend to lodge a complaint with the Anti-Discrimination Commissioner, you must do so within 12 months of the incident. The Commissioner will decide whether the complaint can be dealt with under the Anti-Discrimination Act 1998.

If so, the person or organisation you are complaining about will be given a copy of the complaint. The Commissioner will attempt to resolve the case through conciliation.

If early conciliation fails, the Commissioner will investigate the case. After investigation, the Commissioner will dismiss the case, direct it to conciliation, or refer it to the Anti-Discrimination Tribunal.

Understanding Ageism:

Age equality is impossible if ageism persists.

The World Health Organization defines ageism as: “The stereotyping and discrimination against individuals or groups on the basis of their age…including prejudicial attitudes, discriminatory practices, or institutional policies.”

Ageism is unlawful and may also form the basis of a complaint to the Tasmanian Anti-Discrimination Commissioner.

Take the EveryAGE Counts Pledge: Show your commitment to ending ageism by signing the EveryAGE Counts pledge. Display it in your workplace, share it with your networks, and join a national movement tackling ageism.

Visit the EveryAGECounts website to:

Sign the pledge
Access tools, videos, and research
Watch the campaign video narrated by actor Bryan Brown

Overview for employers and recruiters:

To find out more about hiring and retaining older workers, click on the links below for information, links, videos and tips about:

The value employees aged over 45 can bring to organisations
Recruiting older workers
Tips on creating an age-diverse workplace
Support is available to help you employ older workers

The video below is an overview of Tasmania’s workforce. It was presented by COTA Tasmania’s Rosalind Herbert at WorkSafe Month 2020. Although the statistics are from the 2016 Census and thus do not take into account the impact of COVID-19, they provide valuable insights into our workforce’s age demographic statewide, in regions, and in sectors.

Complaints

If you wish to make the Tasmanian Anti-Discrimination Commissioner aware of behavior or actions you believe to be unlawful discrimination or ageism but do not wish to lodge a formal complaint, you can report it using Equal Opportunity Tasmania’s form.

Unlike complaints, reports can be anonymous. You can also make a report by emailing office@equalopportunity.tas.gov.au or ringing 1300 305 062.

Australian Human Rights Commission: If you make a complaint to the Australian Human Rights Commission under the Age Discrimination Act 2004, the Commission will attempt to resolve the dispute through conciliation. In some circumstances, it will investigate the case. If the case cannot be resolved through conciliation, the complaint will be terminated. You might still have an option of taking action in the courts.