Keech v Metropolitan Health Service

Keech v Metropolitan Health Service was a court case decided in the Federal Court of Australia in which the exemption relating to acts of a State or Territory contained within the Age Discrimination Act 2004 was considered.

The WA Act provided different schemes of payment whereby workers injured before attaining the age of 64 would be entitled to compensation until they turned 65, and workers injured after attaining this age would be entitled to compensation for a year after the date of the injury.

Keech argued that by paying her compensation for the period prescribed by the WA Act, the Metropolitan Health Service had treated her less favourably than a younger employee who incurred a workplace injury at the same time as she did.

Siopis J considered that the Metropolitan Health Service's conduct was unlikely to constitute age discrimination but found it unnecessary to finally determine this issue, because in any case they had directly complied with the WA Act.

His Honour interpreted the WA Act as imposing an obligation on employers to pay compensation for a prescribed period and the respondent had directly complied with this requirement.