Review of the Equal Opportunity for Women in the Workplace Act 1999 – Submission
Mercy Health
21 October 2009
Dear Sir/Madam,
I refer to recent correspondence from Ms Tanya Plibersek, Minister for Housing and Minister for the Status of Women advising of the release of the Issues Paper regarding the review of the Equal Opportunity for Women in the Workplace Act 1999 (the Act).
I am pleased to provide a response to the matters raised in the Issues Paper on behalf of Mercy Health an Employer of Choice for Women.
1. Mercy Health
Mercy Health is a leading healthcare provider for women specialising in obstetrics, gynaecology, midwifery, neonatology, paediatrics, palliative care, mental health, early parenting, aged care and community services. We employ over 4,500 people and almost half a million people access our services every year. At Mercy Health our vision is to build an enduring capacity and passion to serve those with special needs. We can only achieve this through the skills, talents, commitment and good will of our people. This is reflected in our values: Compassion, Respect, Innovation, Stewardship and Teamwork.
Women represent 87% of our workforce, almost half (47%) of our senior executive positions are women and half our workforce (50%) access flexible work options.
Mercy Health has been awarded the 'Employer of Choice for Women' citation by the Equal Opportunity for Women in the Workplace Agency (EOWA) for 2008 and 2009. This is a significant achievement for our organisation and confirms our ongoing and genuine commitment to attracting and retraining talented people in an inclusive culture through effective policies and practices.
Our diversity agenda has been part of an overall strategy to attract and retain a predominately female workforce and as a result we are pleased to be granted the opportunity to provide feedback to the matters identified by the Issues Paper.
2. Submission
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?
The Equal Employment for Women in the Workplace Agency (the Agency) in its role in raising awareness of gender and pay equity has been a contributing factor in improving work participation rates for women. However, the current pay equity gap suggests that while participation rates for women have increased there has been no significant shift in pay equity.
The Act provides impetus for organisational activity in promoting gender equity and a workable framework for reporting. The requirement to report annually ensures the issue of gender equity remains a priority from an organisational perspective.
1.2 What are the work obstacles that may impede further progress towards equal employment opportunity within organisations and in Australia generally?
It is increasingly necessary for economic reasons that both partners in a relationship are engaged in paid work. There is an expectation that women can do it all - achieve at work and manage the majority of the caring responsibilities for the family. The availability of part-time work is measured as a positive for women.
Until non-paid work that is caring for children is distributed more fairly and evenly between genders women will continue to face obstacles and barriers to promotion and opportunities.
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 children and other dependents?
A focus to enable men and women to share paid work and caring responsibilities more equally is the key to women achieving equity. Whilst the opportunities for men are accessible through workplace policies and procedures it is still not an accepted practice for them to access those opportunities. A forum for men to have the conversation on how the lack of flexibility impacts them on their family relationships may be the first step to improving participation. This is a complex issue compounded by the fact that men have witnessed the negative effects caring responsibilities have had on the careers of women.
1.4 What regulatory role should government play to achieve equal employment opportunity for women?
The Act, the Sex Discrimination Act 1984 (Cth) and the recent update to the parenting/caring responsibilities as part of the Victorian Equal Opportunity Act 1995 should remain.
Regulation in isolation will not achieve equity as a holistic review of the supports provided or subsidised by Government is required.
The review should include:
- the cost and availability of childcare and elder care
- paid parental leave for both parents in the first year of the child's life using a model of "take it or lose it approach" - this would provide men with the opportunity to access leave in a structured way.
The cost of childcare often prohibits women from returning to work after parental leave. This has both short and long-term impacts for their careers and financial independence. It also contributes to significant gaps in employment and skill levels, financial reward and superannuation contributions.
Theme 2: Objects and coverage of the Act
2.1 Are the objects of the Act appropriate and relevant to today's workplaces?
The Act is appropriate and relevant and provides a structure for organisations to promote gender equity with a framework. The requirement to report annually ensures this is a priority for the business. The opportunity for organisations to apply for waiving from reporting and receive the Employer of Choice citation is viewed by organisations as being beneficial.
2.2 Has the Act been effective in meeting its objects?
The Act has been effective in meeting its objectives related to organisational reporting however it has not delivered measurable equity for women in the areas of pay and representation at senior organisationallevels to that of their male counterparts.
2.3 Has the Act contributed to improving women's employment opportunities? If not, why not? If so, how?
The Act has contributed to more equitable workplace practices for women however there has been minimal impact on pay equity for women.
2.4 Should the role of men as fathers be acknowledged in the Act?
To affect equity for women the role of men as fathers requires acknowledgement in the Act. This aspect should be included in the reporting data. The number of fathers working in a flexible capacity and accessing leave entitlements to meet their caring responsibilities must also be identified. This is one way we can start to build systemic change in practice.
2.5 In the current coverage of the Act appropriate? Should the current coverage of organisations or employees be expanded or decreased? Why?
Generally, the coverage provided by the Act is appropriate.
2.6 Is the self identification and disclosure of organisations appropriate? Is there another way that organisations should or could be identified?
The method of self-identification and disclosure of organisations is problematic. A more robust reporting method is required which should include auditing and validation of data from compliance to Employer of Choice status.
Theme 3: Workplace programs, reporting and compliance
3.1 How are organisations responding to the barriers to women's employment? What programs and policies re the most effective levers for change in organisations (e.g. work processes, organisational culture, and/or workplace relations and human resources practices)?
Employers are responding to barriers by developing policies and reviewing the way work is designed to ensure it is more flexible. The most effective levers for change are organisational culture and effective human resources practices.
At Mercy Health we continue to build an inclusive workplace culture that values diversity and which is led by the Chief Executive Officer (CEO). Programs that assist our people to balance and integrate work with the demands of life for example our Parents and Carers Network, the Dad's Forum and mentoring programs have provided a positive return for the business. In recognition, Mercy Health was awarded the 'Diversity and Inclusion Champion - Large Organisation' in October 2009 by Diversity@Work.
3.2 Are the Act's requirements regarding the content of workplace programs, including the specified "employment matters" useful and appropriate? If not, why not?
The employment matters as specified are a useful guide in the context of reporting.
3.3 Is the process for developing workplace programs useful and appropriate, if not why not?
Whilst the process for developing workplace programs is useful as they need to be specifically designed to meet the needs of both employers and employees.
3.4 Has the development of workplace programs contributed to improved employment opportunities for women within reporting organisations? If so, can you please provide examples from your experience?
Mercy Health Diversity programs including our Parents and Carers Network, the Dad's Forum and mentoring programs have contributed to improved engagement levels and work satisfaction ratings. Additionally, Mercy Health enjoys a 97% return to work rate from those on parental leave and a 98% retention rate across the organisation.
3.5 Are the Act's requirements regarding the content of reports clear and useful? If not, how could they be improved?
Whilst the reporting requirements of the Act are clear increased guidance from the Agency and support through workshops would assist in developing the required workplace profile and defining and categorising work positions.
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?
The frequency of reporting for basic compliance and waiving are optimal however, there is merit in a two-year rather than annual Employer of Choice citation. This would provide organisations with the opportunity to focus on workplace challenges over a longer period of time to deliver better outcomes for the business. It is difficult to achieve this over a twelve month period.
3.7 How resource intensive are the reporting requirement for organisations? Can you provide examples of the costs of the reporting from your experience?
Compliance reporting in itself is not resource intensive however a dedicated resource is required to develop and drive diversity practices to support all employees enabling retention of the Employer of Choice citation.
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.
The reporting requirements under the Act provide Mercy Health with an opportunity to review its progress towards achieving its diversity agenda. The only direct benefits to be achieved for organisations and women is when the reporting is analysed and linked to strategy and driven at a business level.
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?
It is doubtful that the current enforcement mechanisms under the Act, that is the ability to publicly announce organisations that fail to report or provide further information when requested are adequate to ensure achievement of the Act's objectives. The enforcement mechanisms carry no significant penalty and, as such, do little to raise the profile of gender equity issues. The question is whether a punitive approach to this issue would make any substantive change to the systemic issues that have been identified.
3.10 Are there alternatives enforcement mechanisms that would effectively and efficiently ensure compliance? Can you provide examples? What additional benefits would they bring?
An on-site visit when awarding the Employer of Choice citation for the first time would ensure organisations are aware of their reporting responsibilities and enable the Agency to assess the organisation at a workplace level. This would give the citation a greater level of credibility.
3.11 Has your organisation undertaken any analysis of the costs and benefits of compliance with the Act? What were the key findings?
As an organisation simple compliance with the Act is seen as an inadequate measure to promoting equal opportunity for women and our diversity agenda generally. Becoming a recognised Employer of Choice has resulted in significant benefits to the organisation particularly in relation to the attraction and retention of quality employees.
At Mercy Health we have not undertaken any detailed analysis on the cost benefits of compliance however our programs and policies have directly influenced positive attraction and retention rates.
Theme 4: Role and activities of the Agency
4.1 Are the role and functions of the Agency appropriate to achieving the objects of the Act? Which functions of the Agency are most valuable and effective?
There is limited knowledge within the general community of the Agency's role in promoting equity. This limits the effectiveness of the Agency in achieving the objects of the Act. A general communication strategy including updated website content and media advertising should be developed to raise awareness of its purpose and function and the contribution the Agency makes to the promotion of equal employment opportunity.
4.2 Is the role of the Agency in monitoring and enforcing compliance of reporting organisations under the Act adequate and appropriate? If not, how should it be changed?
It is appropriate that the Agency monitors and enforces compliance with the Act. However, the absence of auditing and validation, monitoring and enforcement will not effect real or sustainable change.
4.3 Is the role of the Agency in promoting understanding and acceptance, and public discussion of equal opportunity for women in the workplace adequate and appropriate? If not, how should it be changed?
The most valuable function of the Agency is the promotion of Employer of Choice citation and the Business Achievement Awards recognising business leaders in Diversity practices. The use of the logo has the potential to positively affect business branding, attract high calibre candidates and retain staff.
Theme 5: Relationship with other legislation and institutions
5.1 Does the Act complement or overlap with other legislation? How could the relationship of the Act to other legislation be clarified or improved?
The Act has an indirect overlap with the Sex Discrimination Act 1984 (Cth), the Equal Opportunity Act 1995 (Vic) and potentially other state legislation. This relationship should remain in place particularly as the Act addresses the specific issue of equal employment opportunity for women whilst other legislation is more directed at addressing more general systemic discrimination.
5.2 Is there potential duplication between workplace reporting under the Act and any other obligations such as, for example, the enforcement obligations of the new Fair Work Ombudsman?
Currently we do not experience any overlap between reporting under the Act and other legislative obligations.
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?
It is our view that the Agency should remain as an independent statutory authority to enable it to continue to focus on achieving the objectives of the Act.
Theme 6: Measuring the success of the Act and EOWA
6.1 Are the mechanisms for measuring the effectiveness of the legislation and the Agency adequate? If not, how should they be improved?
The existing mechanisms used to measure the effectiveness of the legislation and the Agency (including the pay equity scale and the annual reporting process) provide valuable information on the practical impact of the legislation.
6.2 Is the EOWA data set adequate to measures changes in women's participation and equality in employment? Could it be improved? If so, how?
The EOWA data set adequately measures women's participation rates and equality in employment. The pay equity scale levels should be set at least twelve months in advance to allow organisations to analyse their businesses and implement short and longer term strategies in relation to the equity scale levels.
We hope our response to the matters raised in the Issues Paper are useful as part of the review of the Act and the Agency. I would be pleased to discuss any of the information above either by telephone on (03) 8416 7899 or email at jballard@mercy.com.au.
John Ballard
Chief Executive Officer
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