Review of the Equal Opportunity for Women in the Workplace Act 1999 – Submission
Curtin University of Technology
9 October 2009
Dear Chairperson
Review of the Equal Opportunity for Women in the Workplace Act 1999-Public Submission in Response to Issues Paper
Thank you for the opportunity to comment on the Issues Paper. Feedback from Curtin University is as follows:
Theme 1: The value and impact of equal opportunity for women
At Curtin, we see embracing the ideas of the people who will shape the future as a powerful way to sustain corporate relevance and we strive to utilise the collective wisdom of the organisation. To do this we need to ensure that decisions made by and for the University incorporate input from students and staff of any gender and from diverse backgrounds. It ensures that we keep foremost our minds the diverse needs of the community that we exist to serve, and the diverse needs of our current students and staff. It allows us to see opportunities that we might otherwise miss, and to ensure that our actions are not unintentionally disadvantaging individuals or groups within the Curtin, or broader, community. Gender equity in salaries, an open and consultative management style, and a transparent equal opportunity and anti-discrimination policy gives Curtin the competitive edge in the employment market. Good staff are central to providing good service and quality products. We also think that showing that we value equity and diversity in the area of employment is a good pointer to the things that we value in the educational services we provide.
As Curtin has worked to remove barriers to equal opportunity from within our own systems and processes, we find that we are confronted by issues over which we have no control but which nevertheless impact on our ability as an employer to provide equal employment opportunity such as societal expectations and life roles. We would suggest that the Act needs to focus on Life/Work issues (eg family responsibilities-children, eldercare etc) and as such needs to be inclusive of men. Without male participation, the pressure on women to take the major role in relation to these responsibilities will never be relieved and, without adjustment in life roles, women will never be truly on an equal playing field with regard to participation in work. Some of the more complex issues being dealt with in organisations which are more evolved in terms of practising equal opportunity include supporting employees with family responsibilities (children, eldercare etc), and acknowledging the impact of life roles on career paths through recognition of 'non-standard' career paths.
It is our view that regulation around entitlements for carers leave, parental leave, flexible work options etc is useful in forcing the pace of behavioural change which might otherwise take much longer to achieve.
Theme 2: Object and coverage of the EOWW Act
It is our view that the Objects of the Act remain relevant to today's workplaces and that the Act, together with other Commonwealth and State legislation, has been effective in achieving these. We are now of the view that the Objects need to be expanded to try to promote societal change in relation to life roles as, once basic discriminatory practices have been removed from employer organisations, it is the intersection between Life and Work which presents the biggest challenge to an employer in trying to provide equal opportunity. Issues which are currently being grappled with include family friendly work practices, and acknowledging the impact of life roles on career paths through recognition of 'non-standard 'career paths, that is 'acknowledging achievement relative to opportunity'. It is essential, therefore that the role of men as fathers and carers be acknowledge in the Act.
Theme 3: Workplace programs, reporting and compliance
It is our experience as an Employer of Choice for Women that reviewing key human resource management processes to ensure equity and increased transparency, together with some targeted developmental initiatives, has resulted in the increased representation of women at Curtin, including at senior levels. This increased presence of women has provided visible role models, a 'normalisation' of the expectation of gender balance, and a critical mass with which to work in the identification of any barriers which still exist to equal employment opportunity for women in the organisation.
EOWAs reporting process provides a useful framework for reviewing key processes and identifying issues which need to be addressed. The waiver process is effective as it 'rewards' high achieving organisations from the need to devote resources to reporting (typically approximately 600 hours) which could otherwise be devoted to implanting equal opportunity initiatives. It also recognises that such organisations are likely to be addressing more complex equal opportunity issues and, as such, any strategies to address these are likely to be over a period longer than one year.
We would suggest that the Employer of Choice for Women Status be awarded for a longer period (eg similar to the waiving options) as the reality is that an organisation which has equal opportunity sufficiently embedded to achieve this status is going to maintain these practices, and there is already a mechanism in place for EOWA to revoke the status if certain conditions are breached. Such organisations are likely to be addressing more complex equal opportunity issues and, as such, any strategies to address these are likely to be over a period longer than one year. The need to complete a Citation Application annually in such circumstances is an unnecessary distraction of resources (typically approximately 150 hours) away from implementing equal opportunity strategies, particularly as there is often little change from one year to the next (see above re implementation period of strategies). It should be noted that when the EOCFW was introduced the Application was publicised by EOWA as being a low impact 'add on' to the reporting process-in the following three years it expanded to the point where it is almost as much effort to do this as to do a report.
Theme 4: Role and activities of EOWA
It is our experience that EOWAs resources have been directed (of necessity) towards assisting the private sector to progress equal opportunity for women. There has been minimal support provided to the Higher Education Sector which, in general, would have a good track record in this area. For example, seminars are targeted at organisations just starting out on the equal opportunity journey. It would be useful if some resources could be devoted to assisting with the more complex issues being dealt with in organisations which are more evolved in terms of equal opportunity such as Life/Work (eg family responsibilities-children, eldercare etc, impact of life roles on career paths, recognition of 'non-standard' career paths etc).
Theme 5: Relationship with other legislation and institutions
Within the Human Rights legislative framework, the Equal Opportunity for Women in the Workplace Act overlaps with the Sex Discrimination Act 1984 (Cwth) as well as the Equal Opportunity Act 1984 (WA) and Equal Opportunity legislation in other States. The inclusion of equal opportunity related grounds in the Workplace Relations Act 1996 and now the Fair Work Act 2009 has meant that there is also overlap with the Industrial system as well. It would seem logical that consideration should be given to whether or not the Objects of the Act, and the function of EOWA, could be located within either the Human Rights or Industrial frameworks to reduce overlap and avoid possible conflicts and double dipping. Given the need to push for change at the societal level in order to enhance the opportunity for equal participation by women in the workplace, it may be that the Human Rights framework is more appropriate.
Theme 6: Measuring the success of the EOWW Act and EOWA
Whilst the current mechanisms are effective for measuring the effectiveness of the legislation at the individual organisation level, there would seem to be a need for a set of indicators and associated mechanisms at the societal level which focus on factors which promote or inhibit women's participation in employment as well. It may be that such indicators could be drawn from ABS data, with associated mechanisms focusing on governments role in providing incentives and regulatory interventions designed to effect the societal change required to provide women with a truly equal opportunity for participation in the workplace.
Yours sincerely
Professor Jane den Hollander
Deputy Vice-Chancellor Academic
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