Review of the Equal Opportunity for Women in the Workplace Act 1999 – Submission
Andrea McCall
Overview of submission
It is disappointing that 25 years after the introduction of legislation to encourage equal opportunity and equal pay there is still a debate raging on the subject.
It is also sobering to note that many of the issues raised under the Affirmative Action legislation, replaced by the EOWW Act, have still not been addressed to the satisfaction of the female working community.
This submission is based on personal experience and highlights issues of concern to a different group from those usually considered in this legislation. This is of women over 50 years of age, with a limited family support system, who have the caring responsibility for ageing and ailing parents and have seen the diminution of their superannuation investments over the last few months. The current Act is a little deficient in this area.
Issues
The Ageing workforce
Much has been written about the issues of the Baby Boomers and their contribution to the Australian workforce. The Baby Boomers are still the largest contributing group in the workforce and given the current economic circumstances are likely to remain so. It may be necessary for the Act to link more closely with the Age Discrimination Act.
Limited family support and family responsibilities
The female Baby Boomers are an interesting group in the Australian workforce. Many of them opted not to have children at all, or to have small families later in life. They were the first group to gain tertiary qualifications in any number. As a result of medical advancements and intervention, the parents of the Baby Boomers (the stalwart survivors of WW2) are still alive – many in supported care, but many still stubbornly remaining in the family home. This has placed a huge burden on aged care services and also on the female family member. Compared with previous generations, life expectancy is extended and so the possibility of Baby Boomer parents surviving into their 80s and beyond is greater. This has in purely fiscal terms meant that any inheritance (of the home or of any savings) has been delayed. This delay has meant that the female Baby Boomer has often opted to defer her retirement owing to financial limitations. This may be particularly acute if the woman is single, a single parent or divorced with no children.
Organisations need to be made more aware of the Baby Boomers’ need for flexibility to care for their parents.
Superannuation and the GFC
Taking into account the previous comments about the parents of the female Baby Boomer, the issue of superannuation is exacerbated. The global financial situation has seen 27% wiped from many funds – almost equivalent to 7 years worth of contributions. This has meant that the female single Baby Boomer with ageing parents will probably defer her retirement to 65 – even before the 67 years proposed in this year’s budget.
The potential strain on the health and welfare budgets of both commonwealth and state budgets make it crucial that these women be encouraged to remain as productive members of the workforce for as long as possible.
Age Discrimination
Although this is dealt with in some detail in the Age Discrimination Act, it is still a major gender issue.
Women of a more mature age (45 plus) are still disadvantaged in the workforce. They are seen as less productive or ‘too old’ or more ‘unreliable’ than their male equivalent, even if their qualifications and experience are the same.
Employers should be encouraged by the EOWA to engage more actively and more fairly in the recruitment and selection of older women and ensure they are given equal access to continuing education and promotion.
Women on Boards
Australia lags behind other developed nations in its appointment of women to boards of major companies. Women tend to be concentrated in volunteer board membership or committees related to family issues. Whereas the author is not supportive of a quota system of any kind, it may be part of the EOWA role to educate more organisations about the broadening of criteria for board membership. Australia should move away from the perceived ‘rotating board membership’ amongst very few women and the same group of men.
Reporting to EOWA
Very often the worst offenders in the ‘unfair’ stakes are the smallest companies. The author would hate to impose more reporting burdens on small business, but feels that the 100 or more as a benchmark for that reporting is too large. Women are very often overlooked and unfairly treated in smaller companies where there is less opportunity for women to speak up or transfer.
Inclusion of Men in the EOWW Act
As mature aged women have been the focus of this paper, the author sees no need for men to be included. The issues stated above are very gender specific.
Andrea McCall
Lecturer, Human Resources
Department of Management
Monash University, Berwick and Peninsula Campuses
September 2009
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