Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee asked the Government to provide specific information on the measures taken or envisaged, including with respect to the development of a national sexual harassment policy, to prevent and address sexual harassment in employment and occupation. The Committee notes that pursuant to section 13 of the Workplace Gender Equality Act of 2012, employers are required to report relating to gender equality indicators, including arrangements for dealing with sex-based harassment of employees in the workplace. The Committee also notes the Government’s indication that the Equal Opportunity in the Workplace Agency’s accreditation system for employer of choice for women also requires meeting of standards concerning sexual harassment. The Committee asks the Government to provide information on the practical application of the employers’ reporting on gender equality indicators concerning sexual harassment and on any other measures taken to prevent and address sexual harassment in employment and occupation.

Article 1(1)(b). Discrimination based on age. The Committee notes the Government’s indication that in May 2012, the Government implemented a package of measures including an allocation of 10 million Australian dollars (AUD) for a new AUD1,000 jobs bonus for employers who recruit and retain a mature age jobseeker for more than three months, and AUD2.1 million over four years for the Age Discrimination Commissioner to address negative age stereotyping in the media. The Committee also notes the Government’s indication that the Age Discrimination Commissioner works with stakeholders to tackle the attitudes and stereotypes that can contribute to age discrimination in the workplace, including by making speeches, publishing articles, and submitting reviews and legislation to the Government, as well as advocating for the rights of people who experience age discrimination. The Committee further notes the measures taken by the States and the territories, including the following:

• -Queensland, the priority areas of the “Positively Ageless strategy” that include promoting workplace participation;
• -South Australia, the targets of the Strategic Plan that include increasing the proportion of the participation of older people in the workforce by 10 percentage points by 2020. The “Age Matters” project aims at promoting awareness of the benefits of utilization of mature-aged employees;
• -Australian Capital Territory, the Human Rights Commission undertook activities including responding to complaints and enquiries on age discrimination, in line with the Strategic Plan for Positive Aging 2010–14.

The Committee asks the Government to continue to provide information on the specific measures aimed at addressing age discrimination in employment and occupation. Please also continue to provide information on the various initiatives being undertaken to address age discrimination, as well as the results achieved, with respect to the other States and the territories.

Article 2. National policy. The Committee welcomes the adoption of the National Human Rights Action Plan in December 2012, in which priority areas include workers’ rights (protections from discriminatory and unfair treatment in the workplace), self-determination and consultation for aboriginal and Torres Strait Islander peoples, and freedom from discrimination on the grounds of race, sex, age and disability. The Committee asks the Government to provide information on the specific measures taken or envisaged under the National Human Rights Action Plan, with a view to promoting equality of opportunity and treatment with respect to employment and occupation, and the results achieved. It also asks the Government to indicate the measures taken or envisaged, including in the context of the National Human Rights Action Plan, to eliminate discrimination on all the grounds set out in the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin.

Equality between men and women in employment and occupation. The Committee recalls the range of initiatives being taken to promote equality between men and women in employment and occupation, as well as legislative provisions, in particular those introduced to assist workers to balance work and family responsibilities. It also recalls that pursuant to section 653 of the Fair Work Act, Fair Work Australia is required to conduct research every three years into the operation of the employment standards related to requests for flexible working arrangements and requests for extensions of unpaid parental leave. The Committee notes the Government’s indication that in 2012, pilot surveys were conducted by Fair Work Australia in this regard, and recommendations were made by the Fair Work Act Review Panel. The recommendations include requiring workers and employers to hold a meeting to discuss a request for flexible working arrangements and for extensions of unpaid parental leave. The Committee also notes the Government’s indication that following the commitment to having at least 40 per cent women and 40 per cent men on Australian Government Boards by 2015, women’s representation on Australian Government Boards was 35.3 per cent according to a report released in April 2011, tracking towards its target. With regard to migrant, refugee and minority women, the Committee notes the Government’s indication that the Department of Education, Employment and Workplace Relations, Fair Work Australia, and the Department of Immigration and Citizenship are working on information packages, including releasing leaflets, to ensure temporary visa holders are more informed of their workplace rights and protections. The Committee asks the Government to provide information on any follow-up measures taken or envisaged to the recommendations made by the Review Panel concerning requests for flexible working arrangements and requests for extensions of unpaid parental leave, and to provide information on any measures taken or envisaged, to ensure in practice that workers can make use of such arrangements to assist them in balancing work and family responsibilities. The Committee also asks the Government to continue to provide information on the impact of the initiatives to increase women’s participation in decision-making roles and in non-traditional jobs, at the federal and state levels. Please continue to provide information on the specific measures taken or envisaged, and the result thereof, to address discrimination in education and employment of migrant, refugee and minority women.

Equality of opportunity and treatment irrespective of disability. The Committee notes the Government’s indication that in Victoria, the Disability Advisory Service established in 2009 has continued to address the low representation of persons with disabilities employed in the public service. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of workers with disabilities, and the impact of such measures in Victoria, and also requests information relating to the other States.

Parts III and IV of the report form. Supervision and enforcement. With regard to sections 153 and 195 of the Fair Work Act, the Committee notes the Government’s indication that it would be inappropriate to impose a civil penalty for discriminatory terms in a modern award or in an enterprise agreement, and that an appeal to the Federal Court is available for any discriminatory term in a modern award or in an enterprise agreement. With regard to the proposals by the Senate Standing Committee on Legal and Constitutional Affairs to increase the power of the Sex Discrimination Commissioner and the Human Rights Commission in enforcement, the Government indicates that in the context of the anti-discrimination consolidation project, the Government is reviewing the roles and functions of the Australian Human Rights Commission, including the Sex Discrimination Commissioner.

The Committee notes that the Government provides statistical information on the number of complaints received by the Australian Human Rights Commission, and information on the court decisions handed down in the fiscal year 2011–12 concerning discrimination in employment and occupation. The Committee also notes the Government’s indication that the Fair Work Ombudsman received 1,040 complaints concerning workplace discrimination for the fiscal year 2011–12, among which 182 cases proceeded to investigation, indicating that discrimination based on disability, pregnancy and race were the most common subjects of complaints. With regard to the role of the Fair Work Ombudsman, the Government indicates that in 2012, information campaigns were launched including to raise awareness of discrimination on the basis of disability. The Committee further notes the information provided by the Government concerning the number of complaints regarding discrimination in employment received by each State and Territory, including information on the decisions of the Queensland Civil and Administrative Tribunal. The Committee asks the Government to provide information on the roles and functions of the Workplace Gender Equality Agency in practice, and on the progress made in reviewing the Australian Human Rights Commission, including the powers of the Sex Discrimination Commissioner, with a view to monitoring of and compliance with the relevant provisions concerning equality and non-discrimination in employment and occupation. It also requests the Government to provide specific information on the number and nature of complaints lodged, including with respect to all the States and territories, disaggregated by sex and ethnic or indigenous origin, as well as summaries of the decisions of particular relevance to the principles of the Convention, including relating to exceptions to non-discrimination provisions. Please continue to provide information on the role of the Fair Work Ombudsman in promoting and enforcing non-discrimination in employment and occupation, including any awareness-raising activities.