@InBenjiWeTrust said in [Folau could be welcomed back \- Sky News](/post/1026023) said:
Rugby Australia is likely in breach of the law (an employee cannot be sacked for religious expression (The Fair Work Act)).
e.q. how about sacking Khawaja because he refused to play in XXXX shirt, or Hapoate when he refused to play on Sat ??
I expect that the court will find that the law cannot be breached because of a contract or Code of Conduct.
I expect that you are wrong. Folau is not breaking the law but there will be terms within his contract regarding his employment by, and therefore representation of, Rugby Australia. I can also guarantee you that Rugby Australia's lawyers have already assessed the terms of the law before they sacked Folau. Not to say there isn't a case against Rugby Australia, but it would not be possible that they've sacked Folau without doing their due diligence first.
From the Fair Work Act (2009):
>(2) A term of a modern award does not discriminate against an employee: (a) if the reason for the discrimination is the inherent requirements of the particular position held by the employee;
So immediately here is a clause where you are not discriminating against someone if there is a required discrimination inherent to the position. For example hiring Catholic teachers to Catholic schools, French speakers to be French translators etc. RA can argue that players, as representatives of RA, need to behave publicly within a set code.
Same thing applies to any footballers fined or sacked when they've done something that isn't actually illegal, e.g. get drunk, vomit in public, hang around with "ne'er-do-wells".
So many people seem to miss the point that Folau wasn't sacked because he was religious or expressing himself, he was sacked because he expressed a discriminatory opinion that was contrary to a code of conduct. It doesn't matter that it is a religion-based opinion, because all opinions are legal. Similarly, it is not against the law to hate black people, but you can be sacked from your job for expressing hatred towards black people.
Not wearing a XXXX shirt is your own decision about yourself. It is not an attack on anyone.