we particularly want to note and welcome the package of amendments relating to equal remuneration. The provisions in this package fully implement the government’s election commitments, but more than that they display a desire to see pay equity work for women.
NFAW congratulates the Government on the introduction of an amendment to the Fair Work Act to provide 10 days of paid family and domestic violence leave as part of the National Employment Standards. NFAW is one of many organisations that have repeatedly sought such an amendment.
NFAW is grateful for the invitation to contribute to the review of the operation of the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 (Cth) (the FW SAJER Act). We note, however, that 12 months is a short time in which to establish reliable impact data, especially when employment behaviour during that period has also been affected by the national pandemic response.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) is minimalist in its ambitions and achievements: indeed, many of its provisions are described by the government in its Explanatory Memorandum as merely clarifying existing provisions of the relevant legislation (paras 14, 18, 19, 21, 24 and 184).
In the course of our submission, we make some remarks critical of two key recommendations from the Workplace Gender Equality Agency (WGEA) submission. The burden of our concern is the deregulatory approach underpinning both of these recommendations.
Insecure employment affects women and men in different ways; it is not gender neutral. This submission responds to the Inquiry’s terms of reference through a gender lens. The displacement of secure by insecure work is not due to a single factor such as growth in casual work.
NFAW is concerned that, while women want meaningful action to prevent sexual harassment, this consultation paper appears focused on reasons for legislative inaction. Over and over again, the consultation paper deploys the four standard reasons for not implementing critical amendments to Commonwealth anti-discrimination legislation.
Implements certain recommendations of the Australian Human Rights Commission report, Respect@Work. National Inquiry into Sexual Harassment in Australian Workplaces by amending the Australian Human Rights Commission Act 1986 to amend the definition of 'unlawful discrimination'; and extend the period of time between an alleged incident and the lodging of a complaint in relation to the President's discretion to terminate a complaint;
Rarely has there been a greater focus in Australia on gender equity. There is overwhelming national demand for equality and for cultivating a greater culture of respect. It is a pity that this interest has been generated by such flagrant breaches of the principles of equality and respect, but experience shows us that real action is often driven by attempts to clean up after massive failures.
