Israel Folau: Senator Abetz intervenes in rugby drama

The Fair Work Ombudsman and Human Rights Commission have been asked to look at Folau’s case.

Former Wallabies star Israel Folau. Picture: Getty Images

Former employment minister Eric Abetz has written to the Fair Work Ombudsman and Australian Human Rights Commission asking for investigations into the termination of Israel Folau’s contract with Rugby Australia.

Senator Abetz has asked both bodies to consider whether the sacking of Folau — a devout Christian — for “expressing his religious views outside of the workplace” represented a breach of the Fair Work Act or the Australian Human Rights Commission Act.

Both letters also were sent to Industrial Relations Minister and Attorney-General Christian Porter with Senator Abetz telling The Weekend Australian there was a “public interest in fully exploring and considering whether the termination of Mr Folau was actually in violation of the current laws”.

“Under the Fair Work Act, it is expressly unlawful, and indeed there is a reversed onus of proof, to discriminate against an employee on the basis of their religion,” he said. “Given — as it has been reported — Mr Folau was terminated on the basis of publicly expressing his personal religious beliefs, it would appear to contradict existing law.

“If that is the case, I would hope that the regulator would fully investigate and consider action on this matter, especially given the considerable public attention this matter has received.”

The letters from Senator Abetz, sent yesterday, follow a push from some Coalition MPs, including Barnaby Joyce and Concetta Fierravanti-Wells, for an overhaul to employment law that would prevent workplace contracts from forcing people of faith to hide their religious views.

In his letter to ombudsman Sandra Parker, Senator Abetz said sections 342 and 351 of the Fair Work Act prohibited “adverse action and discrimination on the basis of an individual’s religion”.

Mark Fowler, an adjunct associate professor of law at the University of Notre Dame, has also argued that Folau could pursue a claim under section 772 of the Fair Work Act which prohibits employees from being terminated on religious grounds.

The controversy over Folau erupted when the rugby union star used social media to post that hell awaited “drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters”.

“Jesus Christ loves you and is giving you time to turn away from your sin and come to him,” he added.

Mr Fowler has argued that section 772 will not protect Folau if Rugby Australia can establish that refraining from posting such comments was an “inherent requirement” of the role of an elite Australian rugby player.

In his letter to Human Rights Commission president Rosalind Croucher, Senator Abetz said it was “important that we clearly identify if, under the current law, an employer can sack an employee for expressing their religious beliefs on social media outside the workplace”.

Senator Abetz argued that the termination of Folau’s contract was on the basis of “Mr Folau expressing his religious views outside of the workplace which may be in contravention of the Australian Human Rights Commission Act and other legislation administered by you”.

“I believe it is in the interests of employees and their employers that you specifically consider and investigate this matter,” he wrote.

Mr Porter is soon expected to produce a first draft of a Religious Discrimination Act.

Its aim is to ensure that discrimination against individuals on faith grounds is treated in the same manner as discrimination against individuals because of their age, race, sex or disability.

Queensland MP Bob Katter said he was drafting a “resolution for an inquiry which will reveal whether partially government-owned sponsors of Rugby Australia were involved in terminating Israel Folau’s contract on the grounds of religious freedom”.