Review of the Equal Opportunity for Women in the Workplace Act 1999 – Submission
Griffith University
Introduction
Griffith University has a long history of promoting equal opportunity for women. In the early 1980’s Griffith piloted an Affirmative Action program, which was the forerunner to the eventual Affirmative Action (Equal Employment Opportunity for Women) Act 1986. In 1996 Griffith was named by the Affirmative Action Agency as the leading affirmative action employer in the higher education sector, recognising it as an organisation in which women’s employment status was seriously considered and actions taken to improve it. Griffith currently has waived status in reporting to EOWA and has held the Employer of Choice for Women citation since it was first awarded in 2001, one of only seventeen organisations to do so. Griffith uses the logo on all University recruitment advertisements and on relevant web pages to show that it is an employer that actively supports women.
As we near the end of the first decade of the 21st century Griffith, a large organisation as well as a university, shows a trend against the norm in the global corporate world. It is steadily increasing the representation of women at its most senior levels, and is maintaining its policies and programs that have been implemented specifically to support women in the workplace.
It is within this context that this response to the Review is submitted. Only those questions that have direct relevance to our work within Griffith and the higher education sector have been answered.
Consultation questions
Theme 1: The value and impact of equal employment opportunity for women
1.1 What factors and measures have contributed to improving employment opportunities and outcomes for women?
Legislation in Australia (sex discrimination, State EO and anti-discrimination, industrial relation legislation) and its application have all contributed to an increased awareness and understanding of discrimination and how to prevent it. Education about the risk factor if such legislation is breached has been effective over the years. The release of various research reports has strengthened the business case for organisations and provided examples of strategies that might be applied. The combination of risk management and the desire to increase productivity measures seems to have worked in favour of women’s employment. The requirement of organisations to actually provide regular progress reports against tangible measures (EOWA and State requirements) certainly contributes towards the creation of strategies that will enhance the employment outcomes for women.
Increased competition has also been a contributing factor. As organisations compete for scarce talent the realisation that such talent is often held by women increases. Flexibility in work practices is a key issue for women in the workplace, and those organisations that offer a range of options in employment conditions and practices are able to attract and retain more women. Women employees at Griffith often comment on the flexibility available to them, and that it is a factor that has been significant in their continued employment and development at Griffith.
1.2 What are the obstacles that may impede further progress towards equal employment opportunity within organisations and in Australia generally?
Despite best efforts over the years by numerous organisations and individuals to change the culture of workplaces the biggest impediment to true equality of opportunity for women in Australian (and other) workplaces is the inherent sexist culture. There still exists, in many industries and organisations, large and small, a belief that women are not as capable as men to undertake high level roles. In some industries this translates into a belief that women are not able to undertake particular roles at any level (traditionally those undertaken by men in trades and heavy industry, or those at senior/executive levels).
The culture of long hours that exists in many Australian workplaces is also a factor working against many women, and for men who have carer responsibilities. People who are unable/unwilling to commit to long days/weekend work are often viewed to “lack commitment” and consequently denied opportunity to advance in that workplace culture, either through direct overlooking, or through not even applying. For many women there simply are not enough hours available to be able to fulfil all of the requirements that exist in individuals’ lives, and they thus make the choice to not buy in to long work hours.
The provision of accessible (geographically and hours open) and affordable childcare will assist many parents, women in particular, to better manage the work/life split.
1.3 Should there be a greater focus on enabling men and women to share paid work and caring responsibilities more equally? How can men be provided with better opportunities to participate in the care of their children and other dependents?
See comments above. It is important in legislation to keep the focus first and foremost on women and the opportunities that must be provided to enable full and equal participation in all aspects of employment. The message should not be diluted away from women as the group most disadvantaged in the paid workforce. That said, a change in workplace culture will only come about when the majority of workers advocate for greater flexibility and for a shift in the time expected to be present at work. The provision of such things as paid parental leave, flexible hours, part-time appointments etc, for all primary carers, regardless of gender, such as happens at Griffith, is one way in which the workplace culture can gradually be changed. Where men also participate in such arrangements women benefit. Wholesale culture change will rely on future generations to be achieved, although inroads can be made by enlightened CEOs driving and modelling required behaviours.
1.4 What regulatory role should government play to achieve equal employment opportunity for women?
The impact of legislation on affecting change is undeniable. Several research projects 1 have indicated that regulatory requirements can force change that would otherwise rely on people “doing the right thing”. The requirement to (a) adhere to legislation through ensuring that workplaces are non-discriminatory, and (b) monitor and report on trends in women’s employment can and does force the issue. Further and potentially more sustainable change in women’s employment opportunities could be made through the use of legislated sanctions against those workplaces that make no or inconsequential progress.
Theme 2: Objects and coverage of the EOWW Act
2.1 Are the objects of the EOWW Act appropriate and relevant to today’s workplaces?
The objects are still relevant – until true equality of opportunity has been realised (ie, women are represented at all levels and types of employment according to their representation in society) - they will remain so. It is important to maintain the gains and achievements that have been made over the years, and to reduce the focus, impact or requirements could easily see a backslide in these gains.
2.3 Has the EOWW Act contributed to improving women’s employment opportunities? If not, why not? If so, how?
The Act and its predecessor have contributed to change in large organisations, through the requirement that organisations must monitor and report on improvements.
2.4 Should the role of men as fathers and carers be acknowledged in the EOWW Act?
Yes. Achievement of equality of employment opportunities for women depends as much on men changing attitudes and behaviours as it does on enabling women to access greater flexibility in employment conditions and to address discriminatory practices. Remaining silent on the role that men play reinforces the notion that it is only a problem for women, and one which they (women) must therefore address.
Acknowledgement of the role of men as carers enables organisations to more readily encompass this in policies, as we do at Griffith. The benefit is to women who are thus able to continue with their own careers.
2.5 Is the current coverage of the Act appropriate? Should the current coverage of organisations or employees be expanded or decreased? Why?
The current Act only covers those organisations that have 100 or more employees, and certainly does not cover the majority of workplaces in which women are employed. Expanding the coverage to smaller organisations (eg, those employing 50 or more staff) would potentially increase the awareness, and change the practice, of many more employers in relation to the employment of women.
While the emphasis should still remain on women, a further breakdown into smaller reporting categories, such as Indigenous Australian women, and women from culturally and linguistically diverse backgrounds would assist in focusing on these areas of discrimination within organisations.
2.6 Is the self identification and disclosure of organisations appropriate? Is there another way that organisations should or could be identified?
Use of ABS data to identify organisations may be more effective than self-identification.
Theme 3: Workplace programs, reporting and compliance
3.1 How are organisations responding to the barriers to women’s employment? What programs and policies are the most effective levers for change in organisations (e.g. work processes, organisational culture, and/or workplace relations and human resources practice)?
Griffith’s experience is that a mix of policies and programs, and strategies that leverage off organisational cultural change are most effective. Embedding equal opportunity principles and specific clauses into broad human resource and industrial relations policies, developing and implementing programs that address previous disadvantage, and programs that recognise and develop potential in women employees are all utilised.
Our experience is that making all policies gender neutral, ie, applicable to men as well as women who meet eligibility criteria, creates a less antagonistic culture, and one in which barriers are less likely to be present.
We have also undertaken specific and targeted research to identify barriers to advancement 2 and implemented the recommendations stemming from the report of the research. The Recruitment and Selection procedures contain specific clauses in relation to equity and diversity, including the following:
ii) Recruitment of Women
To increase the representation of and to encourage applications from women for senior appointments, short lists for positions of Senior Lecturer, Associate Professor and Professor and for administrative Deputy Directors and Directors are to include at least one female candidate.
Where an extensive search process has been unsuccessful in achieving this, the relevant senior officer in consultation with the relevant Deputy Vice Chancellor and the Director, Office of HRM may waive this requirement.
Similarly the Promotion of Academic Staff policy and procedures make particular reference to equity:
Non-traditional patterns of achievement, such as may be demonstrated by women, indigenous Australians, people with disabilities and people from non-English speaking backgrounds will be taken into account. Particular consideration will be given to the impact that career breaks and part time employment have had on applicants with carer responsibilities, and accomplishments determined relative to opportunities provided, rather than solely on a quantitative basis.
The implementation of these procedures in practice gradually serves to educate and reduce impediments at the same time.
A further analysis of possible areas of systemic discrimination in relation to teaching workloads of female academic staff has been commissioned by the University’s Equity Committee.
3.2 Are the EOWW Act’s requirements regarding the content of workplace programs, including the specified ‘employment matters’, useful and appropriate? If not, how could they be improved?
The requirements (staff profiles, seven categories) are still appropriate and provide useful analysis for organisations looking at how they might improve their workplace to enhance opportunities for women.
3.3 Is the process for developing workplace programs useful and appropriate? If not, why not?
Having held waived status for many years Griffith has moved beyond the process outlined in the compliance reporting. The process is probably useful for organisations at the beginning of their analysis.
3.4 Has the development of workplace programs contributed to improved employment opportunities for women within reporting organisations? If so, can you provide examples from your experience?
See responses above. With a whole suite of activities that specifically and more broadly support the advancement of women Griffith’s trend figures show that women hold senior positions, take up managerial roles and achieve promotion in steadily increasing numbers. Where these numbers do not show adequate progression steps are taken to analyse why, and to put in place strategies to address the issues thus identified.
3.5 Are the EOWW Act’s requirements regarding the content of reports clear and useful? If not, how could they be improved?
The review of the Act in 1999 resulted in much clearer guidelines for reporting. We find them easy to follow, and helpful in translating the requirements.
3.6 Is the frequency of reporting optimal? Are the provisions for waiving reporting requirements effective? If not, what changes do you think are necessary?
Griffith has held waived status for a number of years, and we find that extending the reporting time is more effective than an annual report. Changes to workplace culture and to workplace outcomes take time to take effect, and an annual reporting timeline does not allow large organisations to make any real inroads into the important factors being measured. For example, to make changes that result in changes to the number of women being promoted would mean policy change and approval, then implementation across the university, then gradual take up by elements and individuals affected – a process that can take 2 to 3 years. We still collect data on an annual basis, and can refer to trends over the time span when preparing reports.
With regard to the Employer of Choice for Women citation, a biennial rather than annual application would be preferable, and enable organisations to report on richer evidence.
3.7 How resource intensive are the reporting requirements for organisations? Can you provide examples of the costs of reporting from your experience?
The preparation of Griffith’s reports is coordinated by one person, who relies on the provision of data and cooperation from various sections of the Office of Human Resources, and other areas of the University. Within this university’s structure this does not pose a problem, but nevertheless is quite resource intensive over the time period. Despite being well practised and familiar with the process the equivalent of at least two/three full days of the coordinator’s time would go into report preparation, as well as time spent by others in data collection and collation. Griffith prefers to present their waiving report to the Agency through presentation, and thus the time of the senior executives and Equity Committee members must also be factored in. Approximately 70+ person hours would go into reporting.
3.8 How useful are the reporting requirements to organisations? That is, what benefits can be attributed to the reporting process for the organisation and for women workers?
Without the reporting process it is possible that organisations may well never monitor their trend figures nor analyse the practices that contribute to or impede the progress of women within their organisation. (See comments in 1.1)
3.9 Are the enforcement mechanisms currently in place sufficient to ensure that the objectives of the legislation are met? If so, how? If not, why not?
See comments under 1.4.
Theme 4: Role and activities of EOWA
4.1 Are the role and functions of EOWA appropriate to achieving the objects of the Act? Which functions of EOWA are most valuable and effective? Why?
Griffith uses the research generated by the EOWA to inform its own research and analyses of data.
4.2 Is the role of EOWA in monitoring and enforcing compliance of reporting organisations under the EOWW Act adequate and appropriate? If not, how should it be changed?
See comments under 1.4.
Theme 5: Relationship with other legislation and institutions
5.2 Is there potential duplication between workplace reporting under the EOWW Act and any other obligations such as, for example, the enforcement obligations of the new Fair Work Ombudsman?
There is no overlap from our perspective.
5.3 Should EOWA remain as an independent statutory authority or should the role and functions of EOWA be combined with those of another entity that also holds responsibilities related to achieving equal employment opportunity for women? If you think the role and functions of EOWA should be combined, with which entity and why?
Whether EOWA is truly an independent statutory authority is a moot point. Changes to the Act and Agency that occurred after the last review in 1999 appeared to reflect the views of the federal government at the time, and the location of the Agency within a government department, reporting to a government minister further curtails its true independence. However, combining or absorbing the EOWA into another entity would have the effect of further reducing the impact and focus of women’s employment conditions and status within the work force.
Heather Cameron
Principal Adviser - Equity, Diversity & Policy Implementation
OHRM, Bray Centre
Nathan Campus
Griffith University
QLD 4111
Ph: (07) 3735 6404
Fax: (07) 3735 7065
Mobile: 0418 787 130
- Bell, S. and Cameron, H. 2004 Equality and Diversity, National Comparative Study: Australia, PriceWaterhouseCoopers: UK.
- Women in Senior Academic Positions Task Group Report – Griffith University 2002
[ top ]