Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

The Committee notes the detailed information in the Government’s report and asks the Government to provide information on the following points.

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Age Discrimination Act, 2004, prohibiting direct and indirect discrimination on the basis of age in the areas of work and education. It further notes with interest the adoption of the amendments to the Sex Discrimination Act whereby the Government explicitly recognized breastfeeding as a potential ground of discrimination and makes it unlawful to ask women for information about actual or potential pregnancy. Please provide information on the impact of these new legal measures in the promotion of equal opportunity and treatment in employment and occupation, including relevant case law on these same matters.

2. National machinery to promote equality. The Committee notes from the Government’s report that the Australian Human Rights Commission Legislation Bill, 2003, lapsed and that there is currently no legislation before the Parliament dealing with the Commission’s restructuring. Given the Government’s indication that it remains committed to pursuing legislative reform with respect to the structure of the Commission, the Committee reminds the Government of its hope that the Commission’s ability to act as an independent and effective actor in the enforcement of legal provisions on non-discrimination and equality in employment and occupation will be maintained. The Committee asks the Government to keep it informed of any developments in this regard.

3. The Committee understands that the Government’s new workplace reforms package, WorkChoices, took effect in March 2006. Among the many changes resulting from these reforms, the Government amended the Workplace Relations Act to exempt businesses employing up to 100 employees from unfair dismissal laws. The Government indicates that despite this amendment, it continues to protect all employees by providing a remedy for unlawful termination, which prohibits dismissal on discriminatory grounds. The Committee notes that in its submission on this matter to the Senate in 2005, the Human Rights and Equal Opportunity Commission (HREOC) voiced concerns that, in the absence of alternative remedies for unfair dismissal, many employees would be likely to pursue complaints with state and federal anti-discrimination agencies, placing significant pressure on existing complaints mechanisms both at the state and federal levels. In addition, the HREOC was concerned that the WorkChoices reforms, particularly the move towards individual bargaining agreements, posed a risk to the ability of certain workers, women in particular, to balance their paid work and family responsibilities. The Committee asks the Government to include detailed information, in its next report, on the impact of its WorkChoices reforms on existing discrimination dispute mechanisms, as well as on how these reforms impact on workers’ with family responsibilities.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the communication from the Australian Council of Trade Unions (ACTU) indicating that, despite the increased participation of women in the labour market, women workers with family responsibilities often take casual jobs which pay less, lack job security and offer fewer career development opportunities. The ACTU further points out that women workers continue to be under-represented in senior posts in both the private and public sectors. The figures provided by the Government confirm this assessment showing that, in 2004, women accounted for only 10.2 per cent of executive managers and only 8.6 per cent of board directors, whereas, in the public sector, the percentage of women in senior positions was higher at 31.6 per cent. The Committee asks the Government to continue to provide information on the progress made in improving the employment situation of women, particularly with regard to access of women to management-level positions in the private and public sectors. In this regard, please also provide information on the implementation and outcomes of the Women’s Leadership and Development Programme. The Committee is addressing other matters raised in the ACTU’s comments on Convention No. 111 under the Workers with Family Responsibilities Convention, 1981 (No. 156).

5. States and territories. New South Wales. The Committee notes the amendments made in 2004 to the Anti-Discrimination Act regarding the handling of complaints, standards on disability discrimination as well as provisions relating to the preparation of codes of practice. It further notes the creation of the Office for Women in the NSW Premier’s Department and the Government’s Action Plan for Women (2003-05) along with the results achieved in promoting employment in the public sector among women, indigenous peoples and immigrants from non-English-speaking backgrounds. The Government is invited to continue providing information on the measures taken and results achieved in applying the principles of the Convention, particularly with respect to its efforts to increase the number of women employed in both the public and private sectors on boards and in management positions. Please also include information on the improvement of employment opportunities for indigenous peoples and non-English-speaking migrants in New South Wales.

6. Queensland. The Committee notes the numerous training and employment initiatives with respect to disabled persons, indigenous peoples, migrants and people from non-English-speaking backgrounds. With respect to Indigenous Queenslanders, it notes the creation of an indigenous unit within the Anti-Discrimination Commission along with the newly-established Indigenous Employment and Training Directorate to help improve the employment and training prospects for Aboriginal and Torres Strait people. Please continue to provide information on the outcomes of these initiatives and on the work of the new bodies in promoting equality of opportunity and treatment in employment and occupation.

7. Western Australia. The Committee notes that the Western Australian Equal Opportunity Commission continues to undertake a range of promotional activities and initiatives to raise awareness and address issues of racial discrimination and harassment. The Committee invites the Government to provide information in its next report on the concrete measures taken to apply the Convention along with their practical outcomes.

8. South Australia. The Committee notes that proposals to amend the Fair Work Act were released for public consultation in 2003 including plans for expanded protection of people with disabilities, greater protection against sexual harassment and the provision of conciliation services for people who are the victims of racial and other vilification. The Government is asked to provide information on the follow-up to these proposals. Please also continue to provide information on how the principles of the Convention are applied in law and in practice in South Australia.

9. Northern Territory. Recalling its previous comments on the amendments to the Anti-Discrimination Act, the Committee notes from the Government’s report that section 105 of the Act concerning vicarious liability has not yet been challenged in any hearings before the Commissioner nor appealed to the Local Court since its adoption. The Committee notes with interest the strategies implemented by the Office of the Commissioner for Public Employment to promote work opportunities among indigenous peoples, women and people with disabilities in the Northern Territory Public Sector. The Committee invites the Government to include information in its next report on the practical outcomes of these programmes and to detail its efforts to combat discrimination and promote employment for disadvantaged groups in both the private and public sectors.

10. Victoria. The Committee welcomes the inclusion in the Government’s report of information from the state and territory jurisdictions. It notes, however, that for the last two reporting periods, there has been no information on the application of the Convention for the State of Victoria. The Committee therefore asks the Government to include information on the State of Victoria in its next report to assist the Committee in gaining a full appreciation of the manner in which the Convention is applied.

11. Queensland and the Northern Territory. The Committee notes the information in the Government’s report with respect to the training provided to prisoners in Queensland and the Northern Territory with a view to promoting access to employment upon release. Noting that this matter relates to responsibilities of the state and territory jurisdictions, the Committee would appreciate if the Government would include similar information in its next report on the initiatives taken in the remaining jurisdictions.