The Bill straight forwardly embraces the suite of recommendations made by NFAW and other commentators from the sector on remedying the deficiencies of the previous Government’s response to Respect@Work.
We understand the focus on work and care to apply to both the intersection of workplace laws with informal caring responsibilities, but also the intersection of the workplace laws with employment in the care sector.
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).
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.
A suite of labour market indicators, disaggregated by gender, is examined to identify the ways in which men and women were affected differently by the economic impacts of the pandemic as well as by government policy. Using ABS Labour Force Survey data, the paper develops a cumulative measure of workforce losses over the course of the pandemic, calculated comparatively for men and women, and assessed relative to the workforce’s prepandemic composition.
Submission to the Senate Select Committee on Job Security’s Inquiry into the impact of insecure or precarious employment on the economy, wages, social cohesion and workplace rights and conditions. This submission is being made by the National Foundation for Australian Women (NFAW).