Review of the Equal Opportunity for Women in the Workplace Act 1999 – Submission
MONASH University - Professor Edward Byrne AO
27th October, 2009
Dear Minister,
Monash University Submission to the 2009 Review of the EOWW Act
Monash University would like to thank you for the opportunity to provide a submission to the review of the effectiveness of the Equal Opportunity for Women in the Workplace (EOWW) Act 1999 and the Equal Opportunity for Women in the Workplace Agency (EOWA) in delivering equal employment opportunity to women in Australia.
Monash University is one of Australia's prestigious Group of Eight universities, employing over 6,000 fixed-term and continuing staff. As a leading research and educational institution with an international reputation, the University seeks to attract the most talented staff by distinguishing itself as an exemplary employer with a strong commitment to providing equal opportunity in employment.
Legislation
Monash has welcomed the EOWW Act reporting requirements over the years and used this to regularly reconsider its performance in this area. It is the University's position that the higher education sector plays a vital role in Australia's intellectual, economic, cultural and social development. The sector therefore, should demonstrate leadership in all of its activities including equal opportunity for women in the workplace.
Like the rest of the community, Monash has seen the numbers of women in its workforce expand. This has particularly been the case in the academic workforce with women now representing 46.9% (as at 31/3/09) of the total academic workforce. However, despite a range of interventions targeted to support and assist the progress of women through the University's merit based employment systems, the difficulty securing their equal progression is shown by the ongoing low representation of women in senior academic positions.
Monash's difficulties in this area are reflected in the findings of the Sex Discrimination Commissioner's 2007 Listening Tour1 which found that women continue to be significantly under-represented in senior leadership positions across all industries. Other key findings of the Listening Tour, including the ongoing gender pay equity gap and the difficulties women encounter in managing work and family responsibilities, suggest that legislation specifically directed towards supporting women in the workplace remains a vital part of Australia's legislative framework.
Addressing the barriers to women's equal participation in paid work will not only benefit women but will increase Australia's national productivity. The World Economic Forum's Global Gender Gap Report (2008)2 notes that while Australia is ranked 1st on women's educational attainment, it is ranked 40th for women's workforce participation. The strong investment in women's skill development but low labour market participation rate points to a waste of talent and resources. Ensuring that women enjoy gender equality in paid employment is important for Australia's national productivity in light of the ongoing skills shortages in many key industries, including the higher education sector.
The University therefore, supports the ongoing existence of legislation directed towards achieving gender equality in Australian workplaces. This legislation should be positioned so that it complements and is supported by other legislation and government agencies such as the Fair Work Act 2009, the Sex Discrimination Act 1984 and the Office for Women. While it is acknowledged that legal provisions and processes will not by themselves bring about social change, it is arguable that they play an important role in setting minimum community standards and are a necessary but not sufficient part of achieving substantive gender equality in Australia. The reformed legislation needs to identify responsibilities for the progression of equal opportunity for women in the workplace, and to be supported by a well-resourced statutory body that can effectively implement the legislation across all industries and sectors of the community.
EOWA Workplace Programs and Reporting Requirements
Monash University has had an ongoing program of equal employment opportunity for women since the introduction of the Affirmative Action Act 1986. This program, guided by the requirements of the legislation, has involved comprehensive analysis of workforce data, the monitoring of the University's policies, practices and procedures to identify barriers to women's recruitment, advancement and retention, and the development of strategies to address these issues. As a result, Monash has adopted fair and equitable recruitment, promotion and employment policies and seen increases in the overall representation of women and increases in the representation of women in senior roles.
The process of auditing Monash's performance with regard to a range of employment matters has provided a meaningful framework with which to measure Monash's performance in this area and to identify areas where further action is required.
However, the current EOWA reporting requirements have become increasingly time-consuming, particularly when 'waiving status' is being sought. The amount of information and data now required to be compliant or to achieve waiving status translates into many hours of work - hours which could be better spent implementing workplace changes to support women. Monash University recommends that a more streamlined reporting process be adopted which maintains transparency and provides a useful auditing process.
Employer of Choice for Women Award
Monash University values the Employer of Choice for Women (EOCFW) citation process for the benchmarking opportunities it affords and the impetus it provides for organisational improvement. The University has successfully been awarded the EOCFW citation since its introduction in 2001 and values the branding that it provides. However, some of the criteria used by EOCFW seem more suited to the private sector and do not adequately measure or reflect the position of women within universities. As a consequence, some of the criteria lack relevance to the higher education sector.
In addition, the annual EOCFW application cycle, combined with the significant increase in the amount of information required to successfully apply for the award, is considerable and in many instances, repetitive. Monash University recommends that the EOCFW application process occurs every 2 years with the duration of the citation lasting those 2 years, and that duplication of the evidential requirements imposed be reviewed.
Role of the Equal Opportunity for Women in the Workplace Agency
In the final part of this submission, Monash University would like to commend the work of EOW A for its role in promoting equal employment opportunity for women across Australia. The agency has a significant national function in raising community awareness on this issue. Monash University has frequently utilised or adapted the comprehensive information and tools provided by EOWA on creating more female-friendly work environments. The professionalism of EOWA staff and their willingness to assist in this arena has also been appreciated.
Nonetheless, the University has questioned in the past whether EOWA utilises a 'one size fits all' model in evaluating the gender equality achievements of different types of organisations. Monash considers itself to have advanced gender equity practices (e.g. a full year's paid maternity leave). However, less advanced strategies within organisations from the private/business sector are often highlighted. This, combined with the EOCFW criteria that lacks relevance to the higher education sector, suggests EOWA's resources are predominantly directed towards addressing equity employment issues in the private/business sector, even though large numbers of women are employed in Australian universities. The development of industry standards for equal opportunity for women in the workplace would permit more relevant measurements of improved conditions within different sectors.
Recommendations
In conclusion, Monash University welcomes this opportunity to provide input into the review of the EOWW Act and EOWA. To support ongoing improvements to equal opportunity for women in the workplace, the University recommends that:
- legislation directed towards improving gender equality in the workplace remain part of the national legislative structure and that the statutory body administering the legislation be well-resourced;
- future reporting· requirements and award application processes be more streamlined and less time-consuming whilst still providing transparent and useful self-auditing tools for employers; and
- the diversity of employers covered under the legislation be acknowledged to assist in measuring sector-relevant conditions and improvements in gender equality.
Yours sincerely,
Professor Ed Byrne,
Vice-Chancellor and President.
- http://www.humanrights.gov.au/listeningtour/launch/index.html
- World Economic Forum, Global Gender Gap Report (2008) at http://www.weforum.org/pdf/gendergap/highlights2008.pdf
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