Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Legislative developments. The Committee notes that the Age Discrimination Amendment Act, 2006, provides that certain laws and programmes are exempted from the scope of the Age Discrimination Act, 2004. The Committee requests the Government to provide information on which laws and programmes continue to be exempted from the Age Discrimination Act and the reason for such exemptions. The Committee also requests the Government to provide information on any measures taken to implement the recommendations of the Human Rights and Equal Opportunities Commission (HREOC) regarding age discrimination, including the need for community education about age discrimination legislation, and campaigns to discourage prejudicial stereotyping.

2. Equality of opportunity and treatment of men and women. The Committee previously noted the concerns of the HREOC regarding the impact of the amendments to the Workplace Relations Act (Work Choices Act), including on the ability of certain workers, in particular women, to balance paid work and family responsibilities. On the issue of reconciling work and family responsibilities, particularly for women, the Government states that the Act facilitates choices for families, rather than mandating a particular approach to family life, and that employers and employees can negotiate a family-friendly workplace agreement that is tailored to suit their individual needs. Noting the Government’s reliance on individual bargaining to address the needs of workers with family responsibilities, in particular women, the Committee is concerned that there is often an imbalance of bargaining power that may negatively impact on women’s employment opportunities, and asks the Government to examine the practical impact of the Work Choices Act in this regard and keep the Committee informed of the findings.

3. The Committee notes from the information provided by the Government that while women still account for a low percentage of executive managers (12 per cent), the numbers are increasing. With respect to board directors and chief executive officers, the proportion of women has not changed in recent years (8.7 per cent and 3 per cent respectively), though women’s representation at senior levels of the public sector continues to rise (34.8 per cent). The Committee asks the Government to provide information on measures taken to improve women’s access to employment, in particular to management level positions, in the private sector, including the practical impact of the Women’s Leadership and Development Programme. Noting the concerns raised by the Committee on the Elimination of Discrimination against Women regarding discrimination in education and employment of immigrant, refugee and minority women based on their ethnic background (CEDAW/C/AUL/CO/5), the Committee requests the Government to provide  information on any measures taken in this regard.

4. National machinery to promote equality. The Committee requests the Government to provide information on the nature of the complaints brought before the HREOC, and to continue to keep the Committee informed of any further developments in reforming the HREOC.

5. Dispute resolution mechanisms. With respect to the Work Choices Act, the Committee previously noted the concerns of the HREOC regarding the effect of the reforms on dispute resolution mechanisms addressing discrimination. The Government states in this regard that since the adoption of the Act, there has been an increase in applications involving unlawful termination of employment filed in the Federal Court. The Committee requests the Government to provide information not only on the number of applications before the Federal Court for unfair termination on discriminatory grounds, but also regarding the outcome of such cases. The Committee also requests information regarding the accessibility, in terms of cost, time, location, etc., of the Federal Court processes for unfair termination, and other discrimination cases, as compared with what was previously available through the anti-discrimination agencies.

States and territories

6. New South Wales. The Committee notes the various initiatives to improve employment opportunities for women, including through skills training courses, the Young Women’s Leadership Project, Lucy Mentoring Programme, and the Women’s Employment Rights Project. The Committee notes in particular that the Public Sector Workforce Office is developing a Women’s Employment and Development Strategy for the public sector. Other initiatives are aimed at increasing the participation of indigenous peoples in the workforce, and providing training and awareness-raising for people from culturally and linguistically diverse communities. Noting the various initiatives that are planned or ongoing, the Committee would welcome information on the practical impact of these initiatives on the employment of women, indigenous peoples, and people from culturally and linguistically diverse communities, including the increase in the number of members of these groups in public and private sector employment, including in management and senior positions. The Committee also requests the Government to provide information on the number of women undertaking skills training, and in which subjects. The Committee looks forward to receiving a copy of the Women’s Employment and Development Strategy once it has been adopted.

7. Northern Territory. The Committee notes the initiatives taken to assist employment-disadvantaged people and indigenous Territorians. The Committee requests the Government to continue to provide information on the initiatives to assist employment-disadvantaged people, and the outcome of these programmes, as well as information on the impact of the targeted training programmes for indigenous Territorians. Noting that the Anti-Discrimination Commission has proposed that the Public Sector Employment and Management Act be amended to allow special measures in employment, the Committee asks to be kept informed of any developments in this regard.

8. Queensland. The Committee notes that the Indigenous Employment and Training Directorate has been abolished, with Queensland now participating in policy setting for the national training system. The Committee also notes the adoption of the Disability Services Act, 2006, the Queensland Skills Plan, and the Multicultural Employment Strategy. The Committee requests the Government to provide further information on the impact of the abolition of the Indigenous Employment and Training Directorate, in particular with respect to addressing the specific training and employment needs and aspirations of indigenous Australians. Please also continue to keep the Committee informed of the various initiatives aimed at improving training and employment opportunities of disadvantaged groups, and the outcome of these initiatives.

9. South Australia. The Committee notes that amendments to the Equal Opportunity Act have not yet been adopted. The Committee also notes further the report of the Equal Opportunity Commission 2005–06, highlighting the initiatives taken by the Commission to address discrimination and promote equality. The Committee notes in particular the Commission’s concern regarding increased discrimination against local Muslims. The Committee requests the Government to keep it informed of the status of the amendments to the Equal Opportunities Act, as well as the impact of the recent amendments to the Fair Work Act. Please also keep the Committee apprised of measures taken or envisaged to address discrimination in employment and occupation against Muslims.

10. Victoria. The Committee notes the adoption of the Charter of Human Rights and Responsibilities Act, 2006, the Justice Legislation (Further Amendment) Act, 2006, and the Equal Opportunity Amendment Act, 2007. The Committee also notes the various programmes under way, including the Parents Returning to Work Programme, Vocational Training for Clothing Outworkers, Wur-cum barra Victoria Public Service Indigenous Employment Strategy, as well as the establishment of the Office of the Workplace Rights Advocate. The Committee requests the Government to provide information regarding the impact of the new legislation and programmes, and to provide further information regarding the activities of the Office of the Workplace Rights Advocate in promoting equality in employment and occupation.

11. Western Australia. The Committee notes that the Substantive Equality Unit within the Equal Opportunities Commission provides support for the implementation of the Policy Framework for Substantive Equality, aimed at addressing systematic racism. The Committee requests the Government to provide more detailed information on the Policy Framework for Substantive Equality, including practical measures taken to address racism and the outcome of such measures. Noting the Government’s indication that the Equal Opportunity Tribunal appears to have been abolished, the Committee requests the Government to provide more information on the dispute resolution processes now in place to address discrimination issues.