Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Australia (Ratification: 1990)

1. The Committee notes the information provided by the Government in its report. It recalls that, in its direct request of 1994, the Committee indicated that a second comprehensive report, received from the Government on the eve of the Committee's session, would be examined at its next session. Accordingly, the Committee requests the Government to respond to the comments made below, at the same time as it responds to any of the outstanding comments contained in the 1994 direct request.

2. The Committee notes with interest that the Industrial Relations Reform Act, 1993, inserted into the Industrial Relations Act, 1988, the requirement that, in performing its functions, the Industrial Relations Commission must take account of the principles embodied in Convention No. 156, in particular, those relating to preventing discrimination against workers who have family responsibilities or helping workers to reconcile their employment and family responsibilities (section 93A). Part VI A of the Act (Minimum Entitlements of Employees), Division 5 (Parental Leave) states that its object is to give effect to Convention No. 156 and Recommendation No. 165, by providing a system of unpaid parental leave and a system of unpaid adoption leave, that will help men and women who have responsibilities in relation to their dependent children to prepare for, enter, participate in or advance in economic activity and to reconcile their employment and family responsibilities (section 170K). The Committee requests the Government to continue to provide information on the practical ways in which the Commission gives effect to sections 93A and 170K of the Act.

3. The Committee also notes that section 170KAA(1) of Division 6 (Leave to Care for the Immediate Family) of the Industrial Relations Act, 1988 (as amended by the Industrial Relations Reform Act, 1993) requires that in the absence of an application for a test case to establish entitlements for a leave of absence to provide care or support to a member of the employee's immediate family who is ill, the Industrial Relations Commission is to conduct a hearing to determine the basis upon which an employee is given such an entitlement. In relation to this matter, the Committee notes that the Australian Council of Trade Unions (ACTU) lodged an application for a test case standard with respect to special family leave. The Committee further notes the decision of the Industrial Relations Commission in the Family Leave Test Case (November 1994), which rejected the claim of the ACTU for a period of five days' paid special family leave and decided to introduce a package of measures designed to assist workers in reconciling their employment and family responsibilities. In the first stage (to be introduced immediately), access is to be extended to sick leave, so that employees may use their sick leave entitlements to provide care or support for a sick member of the employee's family; and, in the second stage (to be implemented at the conclusion of a hearing to be held in August 1995), existing award provisions with respect to sick leave and compassionate/bereavement leave will be aggregated and employees will be able to access the aggregated entitlement for the purpose of providing care or support for a member of the employee's family who is ill. The Committee requests the Government to provide information on the outcome of the proceedings to be held in August 1995 and to provide an indication on the extent to which enterprise agreements accord employees greater flexibility to meet their obligations in this regard.

4. The Committee notes with interest that the Sex Discrimination Act, 1984, was amended by the Human Rights and Equal Opportunity Legislation Amendment Act (No. 2), 1992, to prohibit employees from being dismissed on the ground of their family responsibilities. It also notes the broad definition of family responsibility introduced into the Sex Discrimination Act, which covers care or support for a dependent child (including an adopted child, a stepchild, or an ex-nuptial child) or for any other immediate family member (including spouse/de facto, former spouse/de facto, adult children, parents, grandparents, grandchildren or siblings of the employee). According to the Government, the definition is not intended to be exhaustive as no one needing protection against discrimination on the basis of his or her family responsibilities should be excluded by technical problems of definition. The Committee requests the Government to continue to provide information on the application of the Act as it is relevant to the Convention.

5. Further to paragraphs 4 and 5 of its 1994 direct request, the Committee notes that the Government launched a Strategy in February 1993 for implementing the Convention across Commonwealth policies and programmes. The Strategy, which is a plan of action, is developed around the key Articles of the Convention and commits the Government to ensuring that all systems - social, legal, educational, training, employment, industrial relations and community services - suit the needs of workers with family responsibilities. Progress will be monitored and the Strategy will be reviewed fully in three years. The Committee requests the Government to provide information on the activities of the Work and Family Unit of the Department of Industrial Relations in implementing the Strategy, and to furnish information on any evaluation carried out on the Strategy.

6. The Committee notes with interest from the information provided in the report on this Convention, as well as from that provided on the application of Convention No. 111, that a number of states have amended, or are in the process of amending, equality and/or industrial relations legislation to implement the Convention. The Committee requests the Government to continue to provide information on such developments and to furnish information on any decisions made by relevant tribunals or courts, pertinent to the Convention.

7. The Committee notes the extensive information provided concerning the availability and development of child-care facilities. It requests the Government to indicate the extent to which the level of such services meets the demand.

8. The Committee notes that the Government was to have established working women's centres in four states, in 1993-94, to advise and assist women workers with workplace bargaining and training. It was also intended that the centres promote "best practice" initiatives in workplace bargaining to benefit workers with family responsibilities. The Committee requests the Government to provide further information on the establishment and activities of these centres, together with an indication as to the likely extension of these services to other states and territories.

9. The Committee notes that, as part of the Gender Equity in Curriculum Reform Project, work is continuing on ways of including in educational institutions, an opportunity for students to explore issues related to paid and unpaid work, the impact that domestic and parenting responsibilities have on work options, and ways to analyse critically the structures which contribute to and maintain women's disadvantage in society. The Committee would be grateful if the Government would continue to provide information on this project, as well as on other programmes designed to create awareness about the issues pertaining to equality between men and women workers with family responsibilities.