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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations by the Australian Council of Trade Unions (ACTU) received with the Government’s report.

Article 3 of the Convention. National policy. Non-discrimination. The Committee notes the information provided by the Government, in its report, on the measures and programmes implemented to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination. The Committee notes, in particular, the JobTrainer Fund which allows job seekers to have access to free or low fee training places in areas of skills in need, and in which “job seekers” is defined broadly to include those looking to re-enter the work force, who are not registered with the employment services system or receiving income support payments. The Government indicates that data provided by states and territories as of 30 September 2021, shows the majority of JobTrainer participants so far have been women, with over 149,000 (around 55 per cent) enrolments out of a total of 271,000 enrolments. The Committee also takes note of the Mid-Career Checkpoint Programme, which aims to assist people who have taken time out of their career to care for their family and are now looking to return to the paid workforce or advance their career. The Programme provides free skills and employment assessment services, tailored career advice and coaching sessions to eligible carers who are returning – or have recently returned – to paid employment. Participants in the Programme can also access up to AUD3,000 dollars in support to undertake recommended accredited training.

The Committee notes the ACTU’s observation that the Government does not address its previous concerns, namely that sections 65 (flexible work arrangements) and 76 (extending period of unpaid parental leave) of the Fair Work Act 2009 (FWA 2009) do not place an obligation on employers to reasonably accommodate a request for flexible working arrangements and that there is no right of appeal for refusals unless as part of a workplace agreement. The ACTU further observes that the absence of an effective external dispute resolution process with jurisdiction over the substantive requirements remains a weakness in these provisions. In this regard, the Committee notes with interest the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which amends the FWA 2009. In its new section 65A, employers are required to provide “reasonable business grounds” for any denial of a request for flexible working arrangements. Section 65B, as amended, also outlines a new dispute resolution process, in which after trying to resolve a dispute regarding flexible working arrangements at the workplace level first, either party can refer the matter to the Fair Work Commission who will deal with the dispute and issue a mandatory and binding arbitration. The Committee further notes that the ACTU reiterates its concerns that the Sex Discrimination Act 1984 and the FWA 2009, do not fully protect workers with family responsibilities from discrimination in practice, as an employer is entitled to advance the argument that a worker’s inability to work on certain days or at certain times is a valid reason for not hiring or for dismissal. In this regard, the Committee refers the Government to its 2023 General Survey, achieving gender equality at work, paragraphs 427–429. The Committee requests the Government to provide: (i) information on the application in practice of sections 65A and 65B of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, including the number of cases regarding flexible working arrangements which have been dealt with by the Fair Work Commission, as well as their outcomes; and (ii) summaries of judicial or administrative decisions relating to dismissal or refusal to hire for reasons of family or care responsibilities, and to indicate whether in light of the outcome of the cases it is considering a policy or legislative response to the ACTU’s observations.

Western Australia. The Committee takes note with interest of the adoption of the Industrial Relations Legislation Amendment Act 2021 (IRLA Act), amending the Industrial Relations Act 1979 (IR Act) and the Minimum Conditions of Employment Act 1993 (WA) (MCE Act). Among these changes, the Committee notes the amendment to the definition of “employee” in the IR Act and the MCE Act to remove exclusions of persons engaged in domestic service in a private home (including carers employed directly by the householder), people paid wholly by commission, percentage reward or piece rates, people with disabilities employed in a supported employment service, and people appointed as wardens by the National Trust. These changes extend coverage of the IR Act and the MCE Act to such workers and provide employment entitlements including the minimum wages and leave entitlements in the MCE Act.

Article 4. Paid leave and working arrangements. The Committee notes that several legislative amendments have been made to extend the right to paid leave and other working arrangements for workers with family responsibility, including a paid family and domestic violence leave introduced in July 2022 and an unpaid parental leave for parents of stillborn babies introduced in 2020. The Committee also notes the adoption of the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023, amending the Paid Parental Leave Act 2010 to make the parental leave scheme more accessible, more flexible and gender-neutral. The Amendment Act extends the paid parental leave from 18 to 20 weeks, with 2 weeks reserved, in most cases, on a “use it or lose it” basis for each parent and single parents being able to use the full 20 weeks. The new paid parental leave scheme now comprises flexible days, to be used within 2 years of birth or adoption, and removes the requirement to be off work to be eligible. The Committee notes that, in August 2021, 35.5 per cent of the total workforce were entitled to paid parental leave, with 57.7 per cent of those being women. In August 2021, 0.9 per cent of workers took maternity, paternity or parental leave from work during the last week of the survey, with 82.5 per cent of them being women. The Government indicates that more women took maternity, or parental leave from work than men: 1.6 per cent of female workers benefited from such leave, compared with 0.3 per cent of male workers. In August 2021, 38.1 per cent of part-time workers had an agreement to work flexible hours, with 68.3 per cent of them being female. The Committee requests the Government to provide information on the application in practice of the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Amendment Act 2023, including the percentage of men and women who requested paid parental leave and whether the new scheme has encouraged parents to share care responsibilities. It also asks the Government to provide information on any measures taken to encourage more men to use their right to parental leave.

New South Wales. The Committee notes with interest that, since July 2021, the Government implemented gender neutral “primary carer” and “secondary carer” terminology in the Government Sector Employment Act 2013, to ensure that paid parental leave provisions, for employees in the public sector, are gender neutral. The Government indicates that this amendment recognizes the diversity of family structures and removes prescriptive gender-informed provisions thereby empowering employees to choose leaves and care arrangements that suits their individual needs. Paid parental leave provisions also extend to employees adopting a child, with provisions referencing ‘time of birth or placement of the child’.

Victoria. The Committee takes note of the various measures in place to provide paid leave and other work arrangements for workers with family responsibilities. Among these changes, the Committee notes the new Long Service Leave Act 2018, in which absences from work, including unpaid parental leave, will generally not break continuous employment and will now count towards accrual of long service leave. The Committee also notes the Government’s indication that it supports the inclusion of paid parental leave provisions in enterprise agreements, and that a model parental leave clause, written in gender neutral terms, is provided in the Victorian Government Public Sector Industrial Relations Policies includes a minimum of eight weeks of paid parental leave that must be provided in all enterprise agreements. The Committee asks the Government to provide information on the results achieved since the introduction of these measures, including on the number of men and women who benefitted from flexible working arrangements or paid parental leave.

Article 5. Childcare services. The Committee recalls the ACTU’s previous observations that, despite the Government’s efforts, access to affordable early education and childcare still remains a significant problem. It notes the Government’s indication that, in 2021-22, it invested a record funding of AUD10.3 billion dollars in early childhood education and care system, supporting more than one million Australian families to balance work and family responsibilities. In 2022-23, this investment is forecast to increase to AUD11 billion dollars, of which AUD10.7 billion dollars will be delivered through the Child Care Subsidy (CCS) alone. The Committee notes that the CCS was implemented in July 2018 and provides targeted financial support to families to reduce the out-of-pocket cost of childcare and replaces the previous dual system of the Child Care Benefit and Child Care Rebate. The CCS supports families by helping to cover a portion of the cost of childcare and is paid to childcare providers who pass it on to families as a reduction in their childcare fees. Families pay the difference between the provider’s fee and the CCS amount. The Government also indicates that, through its Plan for Cheaper Child Care, it has committed, starting in July 2023, to increase the maximum CCS rate to 90 per cent for families earning up to AUD80,000 dollars and increase the CCS rate for every family earning less than AUD530,000 dollars. The Government will also retain the increased Higher CCS rates for families with two or more children, aged 5 and under, in care. The Committee further notes other measures in place to assist workers with family responsibilities to have access to childcare, such as the subsidized care for low-income families, the childcare safety net, the additional childcare subsidy and the community childcare fund. The Committee also notes the Government’s intention to invest in preschooling, with the aim of allowing every child to have access to preschool for 15 hours a week the year before school. Finally, the Committee notes the recommendations of the final report of the Senate Select Committee on Work and Care. The Committee requests the Government to pursue its efforts and to continue to provide information on any new measures to develop or promote community services, public or private, such as childcare and family services and facilities, not only for working parents but for all workers with family responsibilities. It also requests the Government to provide information on if, and how, it will implement the recommendations formulated by the Senate Select Committee on Work and Care. The Committee once again asks the Government to provide information on how the various measures implemented has affected low- and middle-income families in terms of balancing work and family responsibilities.

Article 6. Information and education. The Committee takes notes of the Government’s repeated indication that the Fair Work Ombudsman provides information and resources that assist employees and employers to understand the application of parental leave entitlements, and that information is published on its website, including an employer parental leave checklist, employee parental leave checklist, a parental leave best practice guide and parental leave and related entitlements fact sheet. While taking note of this information, the Committee recalls that, under Article 6 of the Convention, appropriate measures shall be taken to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems. The Committee therefore encourages the Government to take more proactive measures, at the federal, state and territorial levels, to educate employers and supervisors, particularly in small and medium-sized businesses, with the aim of promoting the rights and benefits relating to reconciling work and family responsibilities and reducing organizational obstacles and biases against accommodating workers with family and care responsibilities.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the Australian Council of Trade Unions (ACTU) of 31 August 2016.

Article 3 of the Convention. National policy. Non-discrimination. The Committee notes from the information provided by the ACTU that balancing work and family is an issue of high priority for both men and women and the most important driver of job satisfaction. It also notes the findings of widespread discrimination in practice, in particular related to pregnancy and parental leave, set out in the 2014 national review undertaken by the Sex Discrimination Commissioner on behalf of the Australian Human Rights Commission. The Committee notes from the Government’s report that a number of legislative amendments have been made to the Fair Work Act 2009 (FWA) and Fair Work Regulations 2009 between 2013 and 2015 to support women and men in balancing work and caring responsibilities in the home and that they respond in part to the recommendations contained in the final reports on Supporting Working Parents: Pregnancy and Return to Work National Review (2014) by the Australian Human Rights Commission. These changes include broadening the application of the right to request flexible working arrangements, requiring employers to consult the requesting employee about roster changes and decisions relating to requests for extension of unpaid parental leave, increasing the period of concurrent unpaid parental leave taken by both parents, and ensuring that all women have the right to transfer to a safe job while pregnant and that they do not lose unpaid parental leave when taking special maternity leave due to pregnancy-related illness. While welcoming these amendments, the Committee notes that according to the ACTU the current regulatory framework has been ineffective in driving the change in attitudes and practice that is required in order to address discrimination experienced by workers with family responsibilities. Specifically, the ACTU observes that the provisions (sections 65 and 76 of the FWA) do not place an obligation on employers to reasonably accommodate a request for flexible working arrangements, that the reasonable business grounds basis for refusal of a request as permitted by the FWA is very broad, and that there is no right of appeal for refusals unless made part of a workplace agreement. Drawing attention to the importance of ensuring that the needs of workers with family responsibilities in their terms and conditions of work are taken into account, the Committee asks the Government to provide information on the steps taken to ensure effective equality of opportunity and treatment of workers with family responsibilities through ensuring the existence of an adequate legal framework and improving the application in practice of the relevant provisions in the FWA 2009 and the Fair Work Regulations 2009, as amended, and the Sex Discrimination Act 1984, and the Workplace Gender Equality Act 2012 in accordance with the Convention. The Committee also asks the Government to continue to provide summaries of judicial or administrative decisions addressing discrimination for reason of family or care responsibilities.

Article 4. Paid leave and working arrangements. The Committee notes with interest that the Paid Parental Leave Act 2010 was amended in 2012 to extend the scheme of parental leave to eligible working fathers and partners, including adopting fathers and parents in same sex couples and that since its commencement on 1 January 2013 and 30 June 2015, 173,140 persons have received “Dad or Partner Pay”. The Committee notes the concerns of the ACTU over the intention of the Government announced in April 2016 to pursue cuts to the existing Paid Parental Leave Scheme established under the Paid Parental Leave Act 2010. The Committee asks the Government to provide information on any changes made to the provisions and implementation of the Paid Parental Leave Act 2010. It also asks the Government to continue to provide statistical information on the practical application of sections 65 and 76 of the FWA, disaggregated by sex, including the number of requests granted and denied for changes in working arrangements and parental leave.

Article 5. Childcare services. The Committee notes from the Government’s report that the number of early childhood education and care services has expanded substantially over the reporting period and that workforce participation rates of mothers with a child under 15 years has grown from 57 to 67 per cent over the past two decades. It notes the Government funded childcare assistance provided through the Child Care Benefit and Child Care Rebate and the National Partnership to support states’ and territories’ pre-school programmes. It also notes the observation of the ACTU that notwithstanding this expansion, access to affordable early education and childcare still remains a significant problem. It refers to the Productivity Commission Inquiry Report on Childcare and Early Childhood Learning, 2014 which estimates that there are approximately 165,000 parents who would like to work, or increase their hours but are unable to do so because of difficulties in accessing childcare. In response to recommendations of the Productivity Commission’s review, the Government has announced the Jobs for Families Care Package designed to create a simpler, more flexible, affordable and sustainable childcare system targeted to those who need it most. The Committee notes that the ACTU is concerned about a number of the elements in the Package as well as its funding. Noting the Productivity Commission’s Report, the Government’s response to it and the concerns of the ACTU, the Committee requests the Government to provide information on the Jobs for Families Care Package, in particular on how it has affected low- and middle-income families in terms of balancing work and family responsibilities.

Article 6. Information and education. The Committee notes from the Government’s report that over the past few years the Australian Human Rights Commission and the Fair Work Ombudsman have released a number of best practice resources, including guides and websites, for employers and employees on combining work and family responsibilities. It also notes the issuance of guidelines on flexible workplaces issued by the South Australia Commissioner for Public Sector Employment and the publications on creating flexible work arrangements issued under the Public Service Commission of Queensland. The Committee hopes that the federal government institutions as well as those of the states and territories will undertake more affirmative public education outreach programmes targeted at employers and supervisors, particularly in small and medium-sized businesses, with the aim of promoting the rights and benefits relating to reconciling work and family responsibilities and reducing organizational obstacles and biases against accommodating workers with family and care responsibilities.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments by the Australian Council of Trade Unions (ACTU) of 31 August 2011.

Legislative developments. The Committee notes with interest the adoption of the Fair Work Act (FWA), 2009, one of the stated objectives of which is assisting employees to balance their work and family responsibilities and protecting against unfair treatment and discrimination (section 3). It notes that as of 1 January 2010, all the States, with the exception of Western Australia, have referred their industrial relations powers to the Commonwealth. Thus the FWA now applies to all employers and employees in Victoria, the Northern Territory and the Australian Capital Territory; to private sector employers in New South Wales, Queensland, South Australia and Tasmania; local government employers in Tasmania; and to national system employers and employees in Western Australia. The Committee also notes with interest the adoption of the Paid Parental Leave Act, 2010, which came into force in January 2011, providing Australia’s first statutory paid parental leave scheme. The Committee also welcomes the recent enactment of the Sex and Age Discrimination Legislation Amendment Act 2011, as a result of which the Sex Discrimination Act now makes specific reference to Convention No. 156. The Committee also notes the adoption of the New South Wales Industrial Relations (Public Sector Conditions of Employment) Regulation 2011, which includes unpaid and paid parental leave in the guaranteed minimum conditions of employment for the public sector. The Committee welcomes the legislative developments, and asks the Government to continue to provide such information, including with respect to all the States.

Article 1 of the Convention. Definitions. The Committee notes that section 17 of the FWA now defines “child” to include an adopted child or step child; section 12 of the FWA defines “immediate family” to mean “a spouse, de facto partner, child, parent, grandparent, grandchild or sibling” of the employee or of a spouse or de facto partner of the employee.

Article 3. Non-discrimination. The Committee notes that the FWA provides a general prohibition of an employer taking any “adverse action” against an employee or prospective employee on various grounds including family or carer’s responsibilities (section 351(1)). It also provides that “modern awards” (legal instruments setting minimum terms and conditions for national system employees in particular industries and occupations) and enterprise agreements must not include terms that discriminate against an employee, including based on family or carer’s responsibilities (sections 153(1), 195(1)). The Committee also notes that the recent amendments to the Sex Discrimination Act extend protection against direct discrimination on the ground of family responsibilities to both women and men in all areas of employment. The Government indicates that draft amendments to the Sex Discrimination Act concerning indirect discrimination were not adopted, and that the Government will consider the issue of indirect discrimination on the ground of family responsibilities in the context of its consolidation of Australia’s anti-discrimination laws. The Committee further notes the Government’s indication that there is little case law to date with regard to discrimination on the basis of family responsibilities. The Committee asks the Government to provide information on the application in practice of the FWA and the Sex Discrimination Act, as well as any relevant State legislation, and to provide summaries of judicial or administrative decisions addressing discrimination for the reason of family or carer’s responsibilities, and any exceptions permitted. The Committee also asks the Government to provide information on the status of the consolidation of the anti-discrimination legislation project as it relates to the Convention, including any progress in addressing indirect discrimination on the ground of family responsibilities.

Article 4. Parental leave. The Committee notes section 70 of the FWA, which provides both eligible parents with separate periods of up to 12 months of unpaid parental leave, with a right to request an extension of up to an additional 12 months unpaid leave. The Government indicates that the FWA introduced one concept of unpaid parental leave, instead of maternity, paternity and adoption leave, and that under the Paid Parental Leave Act, the Paid Parental Scheme (PPL) provides from January 2011 that a primary claim may be made by the mother of the newborn child or the parent of the adopted child with payments at the rate of the national minimum wage for a maximum of 18 weeks; secondary claims, and in exceptional circumstances, tertiary claims may also be made (section 54). The Government also indicates that it has announced the introduction of paid paternity leave from January 2013 providing eligible fathers or parents caring for a child born or adopted with two weeks’ pay at the national minimum wage. In this connection, the Committee notes the concerns raised by the ACTU in the context of the Equal Remuneration Convention, 1951 (No.100), that the PPL scheme does not require employers to top-up the minimum wage payment to full income replacement level, and that the right to request an extension to unpaid parental leave pursuant to section 76 of the FWA lacks a right of appeal against an employer’s unreasonable refusal. The Committee asks the Government to provide information on the leave entitlements in practice, including statistical information disaggregated by sex, on the number of beneficiaries of leave entitlements, as well as the number of requests that have been refused by employers concerning the extension of unpaid leave. Please also provide information on the progress concerning the introduction of paid paternity leave.

Carer’s leave. The Committee notes that section 96 of the FWA entitles an employee (other than a casual employee) to ten days paid personal/carer’s leave for each year of service, in order to care for a member of the employee’s immediate family or household who requires care or support due to personal illness, injury or unexpected emergency, or if the employee is not fit for work because of a personal illness or injury; section 102 of the FWA entitles an employee to two days unpaid carer’s leave for each occasion when a member of the employee’s immediate family or household requires care or support due to personal illness, injury or unexpected emergency. In this connection, the Committee notes the comments by the ACTU that carer’s leave provisions should be extended in terms of length, scope of coverage and eligible persons. The Committee asks the Government to provide information on the practical application of sections 96 and 102 of the FWA, including the number of beneficiaries of paid or unpaid carer’s leave, disaggregated by sex. Please also provide information on whether consideration is being given to extending the length, scope of coverage and eligible persons of carer’s leave.

Working arrangements. The Committee notes that section 65 of the FWA provides a right for eligible employees to request flexible working arrangements, such as changes in hours of work, patterns of work and location of work. It also notes the Government’s indication that it established the Fresh Ideas for Work and Family Grants Program to support Australian small businesses to implement practices that help employees balance their work and family obligations, such as work from home arrangements, as well as to improve employee retention and productivity. In this connection, the Committee notes the concerns raised by the ACTU that the right to request a change to working arrangements is limited to employees with caring responsibilities for pre-school children or children with a disability under the age of 18, and there is no right to appeal against an employer’s refusal. The ACTU indicates that women continue to bear the greatest share of childcare, and that one of the most significant barriers to carer’s maintaining a connection to the paid workforce is lack of flexible working hours. The Committee asks the Government to provide information on the practical application of section 65 of the FWA, including the statistical information disaggregated by sex, on the number of beneficiaries of various working arrangements and measures to assess the effectiveness of the legislation. It also asks the Government to indicate how it is ensured that such working arrangements assist workers with family responsibilities to enter, re-enter and remain in the workforce, including in small and medium-sized businesses.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the Child Care Management System was introduced during the 2008–09 financial year, which enables the Government to gather more information from the childcare sector about usage and affordability of childcare facilities. The Government also indicates that from July 2008 it increased the childcare rebate from 30 per cent to 50 per cent of out of pocket childcare costs, and increased the maximum payment per child per year. It further indicates that substantial ongoing support to childcare services is being provided in areas of need, including rural and remote areas. For example, it has been agreed that 38 child and family centres, which will address the needs of indigenous families and their young children, will be established. The Committee asks the Government to provide specific information on the demand for childcare services in comparison with availability, in order to allow the Committee to assess the progress made over time in ensuring sufficient coverage. It also asks the Government to clarify whether the childcare services in areas of need including rural and remote areas are aiming at providing childcare facilities and services for workers with family responsibilities. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes the Government’s indication that Fair Work Australia and the Office of the Fair Work Ombudsman were established; the Fair Work Ombudsman appoints Fair Work Inspectors, and promotes compliance with legislation, including through education, information and assistance. The Fair Work Ombudsman has developed a number of Best Practice Guides to assist small to medium-sized businesses in implementing best practice initiatives, including best practices on work and family and parental leave. The Government also indicates that the Australian Human Rights Commission, which replaces the Human Rights and Equal Opportunity Commission, is responsible for conducting activities which covers barriers to equality, and has been given 6.6 million Australian dollars over four years (2010–14) to expand its information and community education role.

The Committee also notes the Government’s indication that one of the striking findings of the “Work and Family Balance in Regional Victoria Pilot Project” was a lack of legislative awareness, particularly by employees and managers, in respect of relevant employment regulations; and that the project outcomes provide a much-improved knowledge base for policy making and programme development to support, as well as to monitor, good work and family balance. With regard to Queensland, the Government indicates that as part of the Work and Family Project, the “Better Work Life Balance Questionnaire” has been developed as an online e-survey, which can be used by any organization to help evaluate and improve work-life balance policies and practices. The Committee asks the Government to provide specific information on the awareness raising activities conducted by the Fair Work Ombudsman and the Australian Human Rights Commission, for workers and employers concerning measures to reconcile work and family responsibilities, including leave entitlements, and working time arrangements in the relevant employment regulations. It also asks the Government to provide information on the impact of projects in Victoria and Queensland on State policy and practice in terms of helping individuals reconcile their work and family responsibilities as well as information on any similar projects and programmes in other states.

Article 7. Vocational guidance and training. With regard to the “Parents returning to work program”, which was initiated by Victoria, the Committee notes the Government’s indication that to date over 10,500 individual grants have been made available to parents, and that the last projects will be completed in December 2011. The Committee also notes the Government’s indication that from January 2005 to June 2007 the “Back to work: parents and carers program” of Queensland provided 1,889 people with assistance including job search help, job placement, a contribution to childcare or carer costs, and training, etc. and 787 people found jobs. The Government adds that other initiatives such as the “Community Jobs Plan” aim to provide opportunities for work on a range of public works, with an emphasis on participants gaining training, competencies and work skills in activities which will lead to employment opportunities relevant to local labour market demands. The Committee asks the Government to continue to provide information on initiatives that enable workers with family responsibilities to re-enter the labour market after a period of leave.

Part V of the report form. Statistics. The Committee notes section 61 of the FWA, which provides that the National Employment Standards (NES) are minimum standards which apply to the employment of employees, and that they cannot be excluded by enterprise agreements; the NES includes requests for flexible working arrangements, parental leave and related entitlements, and carer’s leave. It also notes the Government’s indication that the Workplace Agreements Database shows that of 9,352 agreements approved under the FWA until December 2010, covering an estimated 1.3 million employees, 86.9 per cent of the agreements, covering 96.6 per cent of the employees, contain one or more family friendly or flexible work provisions, including leave entitlements and working time arrangements; 25.5 per cent of the agreements, covering 67.5 per cent of the employees, contain one or more parental or child caring provisions that are additional to those provided in the NES; 83.8 per cent of the agreements, covering 93.9 per cent of the employees, contain one or more flexible working hours, flexible access to leave or flexible working arrangements provisions that are additional to those provided in the NES; and 94.6 per cent of the agreements covering 98.3 per cent of the employees, provide for job-sharing, part-time or casual engagement. The Committee asks the Government to continue to provide information on the incidence and types of family friendly provisions in enterprise agreements. The Committee also asks the Government to indicate how it is ensured that workers in low-paid, part-time or casual jobs, who are predominantly women, are not unfairly disadvantaged compared with other workers with respect to work family entitlements in the context of enterprise agreements.

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

The Committee notes the Government’s detailed report, which includes information on the application of the Convention from the Commonwealth, states and territories, and notes the Government’s indication that it will forward the report from Tasmania as soon as it has been received.

1. Legislative developments. The Committee notes the legislative reforms that came into force on 27 March 2006 through the Workplace Relations Amendment (Work Choices) Act 2006, modifying the Workplace Relations Act 1996 (WR Act) and introducing carer leave provisions for the first time into the Act. It notes that the effect of the Work Choices reforms is to move towards a national workplace relations system covering an estimated 85 per cent of Australian employees and introducing greater flexibility into the negotiation of employment contracts between workers and employers – including the negotiation of provisions dealing with work and family responsibilities. The Committee notes that the amended WR Act also establishes a safety net of guaranteed wages and employment conditions in federal legislation as set out in the Australian Fair Pay and Conditions Standard (the Standard). These guarantees cover, among other things, maximum ordinary work hours per week, personal leave, sick and carer’s leave, compassionate leave, and unpaid parental leave (maternity, paternity and adoption). The Government states that employees and employers may negotiate family friendly working arrangements that are more favourable than the minimum guarantees provided by the Standard but that workplace agreements or employment contracts may not fall below these entitlements. The Committee asks the Government to monitor the practical impact of these reforms on the ability of workers to balance their work and family responsibilities.

2. In the context of these reforms, the Committee notes the decision of the Australian Industrial Relations Commission (AIRC) in the Family Provisions Test Case delivered on 8 August 2005. It notes in particular the new model provisions for parental leave in the AIRC’s decision, which include the following:

–      a right to request an extension of unpaid parental leave by 12 months (to a maximum of 24 months);

–      a right to request an extension of simultaneous unpaid parental leave to eight weeks;

–      a right to request part-time return to work after parental leave until a child reaches school age;

–      a doubling of the cap on carer’s leave to be taken from personal leave from five to ten days;

–      two days’ unpaid leave for employees who have exhausted their paid personal leave, or who are casual, to provide care for a member of their immediate family or household in an unexpected emergency;

–      up to ten days of annual leave to be taken in single days; and

–      carrying forward of annual leave for up to two years.

The Committee notes that while some states have incorporated these model provisions to bring their legislation on parental leave into line with the test case decision, these provisions were not included in the amendments to the Commonwealth WR Act. Furthermore, according to section 552 of the Act, the AIRC will not be able to adjust awards to reflect these test case provisions – although workers entering workplace agreements can continue to negotiate parental leave and other provisions that are more favourable than the Standard. The Committee notes, however, from the conclusions of the AIRC that “many employees lack sufficient bargaining power to insist upon agreements which enshrine family friendly policies” (paragraph 123). This is particularly the case for low-paid, part-time or casual workers (predominantly women) and is likely to result in some employees benefiting from more favourable work–life provisions than others – increasing the differences between workers, and their respective abilities to balance work and family responsibilities. The Committee asks the Government to provide information in its next report on the existence and extent of family friendly provisions in workplace agreements from different sectors and occupations and to indicate how it ensures that workers in low-paid, part-time or casual jobs are not unfairly disadvantaged compared with other workers with respect to work–family entitlements. It also asks the Government whether it is considering extending the entitlements under the Fair Pay and Conditions Standard to include the parental leave clause from the AIRC’s Family Provisions Test Case decision.

3. Referring to the communication from the Australian Council of Trade Unions (ACTU) dated 1 September 2005 in the context of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the ACTU’s allegation that Australian Workplace Agreements (AWAs) contain worse general conditions including longer working hours that affect workers’ capacity to balance employment and family responsibilities. The ACTU further alleges that there is evidence that AWAs are less likely to contain family-friendly provisions, pointing to a 2001 study which found that only 12 per cent of all AWAs and 7 per cent of private sector AWAs contained work–family provisions compared to 14 per cent of collective agreements (fewer than 8 per cent of AWAs provided paid maternity leave and only 5 per cent provided paid paternity leave). In contrast, figures provided by the Government indicate that according to the latest report on agreement making for 2002–03, over 70 per cent of AWAs contained at least one provision relating to either family-friendly leave or flexible work arrangements. In addition, the Government reports that at the end of June 2006, 88 per cent of federal collective agreements had at least one family-friendly or flexible working hour provision and that under the new Work Choices legislation, all workers and employers will be even better placed to negotiate family-friendly arrangements that correspond to each party’s respective needs. The Committee asks the Government to account for the discrepancy between its figures and those presented by the ACTU with respect to work–family provisions in AWAs and collective agreements. Please also continue to provide detailed information on the number and nature of family–friendly provisions negotiated under the six different types of workplace agreements identified in its report namely AWAs, employee collective agreements, union collective agreements, employer greenfields agreements, union greenfields agreements and multiple business agreements.

4. Article 1 of the Convention. Definitions. The Committee notes that with the adoption of the amendments under the Work Choices Act, section 240 of the WR Act, now defines “child” to include an adopted child, stepchild, ex-nuptial child as well as an adult child in the context of personal leave. The same section further defines the term “immediate family” to include a spouse, child, parent, grandparent, grandchild or sibling of the employee; or a child, parent, grandparent, grandchild or sibling of a spouse of the employee – where the term “spouse” includes a former spouse, a de facto spouse and a former de facto spouse.

5. Article 3. Discrimination. The Committee notes with interest that in 2000, the Government of New South Wales introduced a specific prohibition into its Anti-Discrimination Act 1977 against discrimination in employment on the ground of a carer’s responsibilities. The Committee similarly notes with interest that in 2002 the Government of Queensland amended its Anti-Discrimination Act 1991 to include “family responsibilities” as a prohibited ground of work‑related discrimination. The Committee welcomes these developments and also thanks the Government for the information on cases concerning discrimination in employment and occupation on the basis of family responsibilities. The Committee asks the Government to continue to provide information in subsequent reports on legislative developments and judicial or administrative decisions in this regard.

6. Article 5. Childcare. The Committee notes the funding projected by the Government over the next four years as part of its Child Care Benefit (CCB) and childcare tax rebate initiatives to help parents offset the costs of childcare services. The Government further indicates that since the CCB was introduced in 2000, there has been a 25 per cent increase in the number of children accessing childcare services. The Government adds that in order to improve childcare planning, it is committed to developing a national childcare management system to provide parents with up to date information on childcare supply, availability and utilization. As of July 2006, it has also made available a childcare access hotline to provide parents with childcare availability information, which will not only give greater flexibility to parents when it comes to making childcare choices, but will also provide the Government with a better understanding of childcare demand. The Committee asks the Government to indicate in its next report progress made in the development of the national childcare management system and to provide specific information on the demand for childcare services in comparison with availability. Also, noting the Government’s financial assistance to encourage the establishment of childcare services in areas of need including rural and remote areas, the Government is asked to provide information on the development of childcare services in these under-serviced regions.

7. Article 6. Information and education. The Committee notes with interest the various projects, studies and publications described by the Government in its report addressing the issue of workers with family responsibilities. It notes the staff working paper prepared for the Australian Productivity Commission entitled “Workforce participation rates – How does Australia compare?”, which considered that the low participation rate of women of childbearing age in Australia relative to other OECD countries may reflect, in part, differences in the availability of paid maternity leave. It also notes the Human Rights and Equal Opportunities Commission’s (HREOC) project entitled “Striking the balance” launched in 2005 during which 37 consultations and focus groups were organized across the country and 181 submissions received in response to a discussion paper examining family responsibilities and paid work in Australia. The Committee notes that the final report, “It’s about time: Women, men, work and family” was published in March 2007, setting out a series of recommendations including introducing a federal Family Responsibilities and Carers’ Rights Act. The Committee further notes with interest the projects undertaken by the Governments of Victoria (Work and family balance in regional Victoria pilot project) and Queensland (Work and family project – Pilot program; and Parental leave research) assessing the current situation of workers with family responsibilities and the practical and policy obstacles that hinder the ability of employees to balance their obligations at work and at home. The Committee looks forward to receiving information in the Government’s next report on the outcomes of the projects in Victoria and Queensland along with an assessment of their impact on state policy and practice when it comes to helping individuals reconcile their work and family responsibilities. In addition, the Committee asks the Government to indicate what follow-up measures it has taken or is considering in response to the recommendations in the HREOC’s final report, and to provide information on the impact of these measures.

8. Article 7. The Committee notes with interest that the Victorian Government introduced a “Parents returning to work program” in 2003 to assist parents prepare for re-entry into the workforce. Under this programme, parents may apply for a grant of up to 1,000 Australian dollars to assist with training and related expenses. It also notes with interest the initiative undertaken by the Government of Queensland entitled “Back to work: Parents and carers program” which is scheduled to operate from January 2005 through June 2007. The programme provides customized employment assistance and accredited training and includes contributions to child care and carer costs to enable participation in the programme and job interview attendance. The Committee asks the Government to provide information on the number of individuals taking part in these programmes including information on the rate of successful job placement among participants. Please also continue to provide information on other similar initiatives that enable workers with family responsibilities to re-enter the labour market after a period of leave.

9. Part V of the report form. Statistics. The Committee welcomes the statistics provided by the Government of Queensland comparing data from the Workplace Research Centre in 2002 and 2006 on the incidence and types of family friendly provisions adopted in Queensland, certified agreements and federally registered enterprise agreements operating in the state. It notes that between 2002 and 2006, the number of Queensland agreements sampled that contained family friendly provisions rose from 10.1 per cent to 38 per cent. In comparison only 23 per cent of federal agreements surveyed in 2006 contained similar provisions, slightly down from 24.3 per cent in 2002. Noting that the Queensland statistics show data prior to the coming into force of the Work Choices legislation, the Committee would like to receive comparable data along with the Government’s next report. Please also, where possible, include similar information from the other states and territories showing the incidence and type of family friendly provisions in workplace agreements.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s detailed report, including the supplementary documentation relevant to the application of the Convention in Australia. It notes that the report contains information regarding the application of the Convention by the Commonwealth as well as by the state and territory governments, with the exception of South Australia and Victoria. It further notes from the report that the Victorian Government transferred its industrial relations powers to the Commonwealth effective 1 January 1997.

1.  Article 1 of the Convention. The Committee notes with interest that the Australian Industrial Relations Commission (AIRC) has, in the context of a test case addressing award simplification, endorsed a framework model clause for use in workplace agreements which defines the term "immediate family" broadly to include: spouse (including a former spouse, a de facto spouse and a former de facto spouse), child or adult child (including an adopted child, stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or of the employee’s spouse. The Committee further notes with interest the broad definitions of "family" or "family responsibilities" adopted in various jurisdictions, including New South Wales, Queensland, Tasmania, Western Australia and the Northern Territory and takes particular note of the fact that these broad definitions cover the various family formation characteristics of Aboriginal and ethnic cultures and, in addition, extends coverage to same-sex spouses.

2.  Article 3 of the Convention.  Referring to its previous request for information on the application of sections 93A and 170K of the Industrial Relations Act, as amended, the Committee notes the enactment of the Workplace Relations Act, 1996 (WRA) (formerly the Industrial Relations Act, 1988). It notes with interest that section 3 of the WRA, which gives primary responsibility for workplace relations and negotiation of agreements to employers and employees, establishes that the WRA’s principal objective is to provide a framework for cooperative workplace relations by, inter alia, "assisting employees to balance their work and family responsibilities effectively through the development of mutually beneficial work practices with employers" and "respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of ... family responsibilities" (WRA, section 3(i) and (j)). The Committee notes with interest that the protection afforded to workers with family responsibilities through awards is reflected in the WRA through the inclusion of a range of relevant allowable award matters, including hours of work, personal/carer’s leave and parental leave, as well as in provisions encouraging the inclusion of part-time work in awards and removing restrictions on part-time employment. The Committee would be grateful if the Government would continue to provide information in future reports on the practical application of the WRA.

3.  The Committee notes the legislation enacted in the various jurisdictions during the reporting period. In Queensland, it notes with interest the adoption of the Workplace Relations Act, 1997, which states that the purpose of the parental leave portion of the Act is to give effect to the Convention, and the Industrial Relations Act, 1999, which prohibits discrimination on the basis of family responsibilities. The Committee also notes the Northern Territory’s Anti-Discrimination Act, which prohibits discrimination on the basis of, inter alia, pregnancy, parenthood or breastfeeding. 

4.  Referring to its previous request for information on the manner in which workplace agreements are being used to assist workers in balancing work and family life, the Committee notes the information contained in Work and Family: State of Play Report 1998, which indicates that Australian employers are increasingly providing family-friendly provisions in certified agreements (CAs) and Australian Workplace Agreements (AWAs) within the legislative framework established by the WRA. The Committee notes from the report Work and Family: State of Play 1998 that, in 1997 and 1998, 67 per cent of certified industrial agreements (CAs) contained one or more family-friendly provisions, whereas 79 per cent of Australian Workplace Agreements (AWAs) contained at least one such provision. Flexible hours provisions were the most common type of family-friendly provision in CAs, whereas provisions on family/carer’s leave and flexible hours were the most common such provisions in AWAs. The Committee notes with interest the indication in the report that provisions assisting workers in balancing their work and family responsibilities are increasingly forming part of the bargaining agenda in negotiating workplace agreements. Given the Government’s statement that large enterprises and public sector employers are more likely to include family-friendly provisions in workplace agreements, the Committee asks the Government to indicate the measures taken or envisaged to encourage small and medium-sized enterprises to adopt family-friendly policies and to include family-friendly provisions more frequently in CAs and AWAs. The Committee also notes from the Working Out Time Handbook, NSW Working Women’s Centre 1997, that approximately 20 per cent of all workers have no award. Accordingly, the Government is requested to indicate the measures taken or envisaged to promote application of the provisions of the Convention in respect of workers who are not employed under an award.

5.  Article 4.  In its previous comments, the Committee noted the decision of the Australian Industrial Relations Commission (AIRC) in the special family leave test case, lodged by the Australian Council of Trade Unions (ACTU), which  introduced a package of measures to help workers balance their work and family responsibilities. In November 1994, the AIRC issued the first stage of its decision, which permitted workers to access their sick leave entitlements to care for sick family members. It also allowed employers and employees to agree to more flexible access to up to one week of annual leave to be taken in single days, make-up time arrangements and unpaid leave. The Committee notes from the report that the second stage of the decision, issued in November 1995, permitted the aggregation of sick leave and bereavement leave periods, allowing workers to access the aggregated leave period for family leave purposes, subject to a five-day maximum. The second stage of the decision also included additional provisions relating to part-time work and rostered days off in order to give workers increased flexibility to assist them in reconciling their work and family responsibilities.

6.  Article 5.  With regard to the availability of childcare services, the Government indicates that, as of June 1999, the supply of such services for preschool-age children exceeded demand by 11 per cent; however, areas of need were still present at the local level, due to an uneven distribution of places. The Committee notes that, in respect of school-age children, the demand for childcare services exceeded the number of available places by 76 per cent. The Committee requests the Government to provide information on measures taken to meet the need for childcare services at the local level, as well as for school-age children.

7.  Article 6.  Further to its previous comments requesting information on the activities of the Work and Family Unit of the Department of Employment, Workplace Relations and Small Business in implementing the Government’s 1993 National Families Strategy, the Committee notes with interest the many and varied promotional activities undertaken by the Unit, including the dissemination of information relevant to application of the Convention through seminars and conferences, public acknowledgement of best practice companies through the Corporate Work and Family Award Programme and the launching of a public internet site. The Committee further notes the information supplied in the report on projects assisted by the Work and Family Grants Programme from 1994 to 1997. According to the Government, some projects focused on the diversity of employees with family responsibilities, including Aboriginal and Torres Strait Islanders, and addressed a range of specific work and family issues. The Committee would appreciate continuing to receive information in future reports on  projects undertaken by the Government relevant to the application of the Convention.

8.  The Committee notes the establishment in December 1996 of a joint federal and state/territory government department of the Labour Advisory Committee Working Party on Work and Family. According to the report, the Working Party has undertaken a number of activities, including developing a survey instrument designed to compile comprehensive data on work and family initiatives in public and private sector organizations. Noting that the survey has been tested in Western Australia and is expected to be used in other areas, the Committee requests the Government to supply information in its next report on the results of the survey.

9.  Referring to its previous request for information on the establishment and activities of the Working Women’s Centres, as well as an indication of the likelihood of extending those activities to other states and territories, the Committee notes from the report that, during 1994-95, working women’s centres were established in New South Wales, Queensland, Tasmania and the Northern Territory. Additional funding was also provided to the already existing centre in South Australia for an Aboriginal liaison officer. The Committee notes that the centres provide free information, assistance and advocacy services to women on a range of workplace issues, including employment discrimination. The report indicates that a nationwide information campaign was conducted in 1995 to encourage women to avail themselves of the centres’ services. The Committee would appreciate receiving information on the activities of the centres relevant to the Convention, including those activities designed to assist working mothers in entering and remaining in the labour force.

10.  Article 7.  The Committee notes the information supplied in the report concerning the establishment and activities of the Australian National Training Authority (ANTA). The Committee further notes the activities undertaken by the Jobs, Education and Training (JET) Programme, which assists persons in gaining access to education, training and employment, and childcare services. It also notes that the New South Wales Department of Education and Training has implemented part-time traineeships and arrangements with more flexible training delivery, to assist workers with family responsibilities to have access to more flexible training options. It notes with interest the initiatives undertaken by the NSW Department of Education and Training, including the development of information technology courses on the internet to facilitate study for participants with family responsibilities, the gender equity project and the family-friendly schedule of courses offered for women in tertiary and further education (TAFE). The Committee would be grateful if the Government would continue to provide information on developments relevant to the application of Article 7 of the Convention.

11.  Article 8.  The Committee notes with interest that section 170CK(2) of the WRA provides that an employer may not terminate an employee’s employment on the grounds of, inter alia, family responsibilities and absence from work due to maternity leave and parental leave (170CK(2)(f) and (h)). It recalls that section 14(3A) of the Human Rights and Equal Opportunity Legislation Amendment Act (No. 2), 1992, also prohibits employers from terminating workers due to their family responsibilities. In this respect, the Committee notes the decision of the Equal Opportunity and Human Rights Commission in Hickie v. Hunt and Hunt, EOC 92-910 (1998), holding that, while employees are protected from dismissal on the grounds of family responsibilities under section 14(3A) of Act No. 2 of 1992, partners are not protected from dismissal due to their family responsibilities under section 17(2) of the same Act. The Committee requests the Government to indicate whether it contemplates taking measures to extend this protection to partners in light of the Hickie decision. The Committee would be grateful if the Government would continue to provide information on judicial and administrative decisions relevant to the Convention in future reports.

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

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has noted with interest the detailed information furnished in the first report of the Government and the complementary documentation submitted on the application of the Convention.

1. Articles 1 and 2 of the Convention. The Committee requests the Government to supply information in its future reports on any amendments made or proposed to the Sex Discrimination Act 1984 and, in particular, those that arise from the recommendations made in the report of the Inquiry into Equal Opportunity and Equal Status for Women in Australia by the House of Representatives Standing Committee on Legal and Constitutional Affairs (Lavarch Report).

2. The Committee also requests the Government to provide information on any legislative developments at the State and territorial levels relevant to the application of the Convention and on the practical measures taken to promote that legislation.

3. In regard to paragraphs 1 and 2 above, and noting the concern expressed in the report on the desirability of recognizing as "family" the kinship ties of particular peoples such as the Aboriginal community, the Committee would be grateful if information could be provided concerning any measures to consider how the concept of "family" might be extended so as to take account of the way in which different groups of people construe their family obligations.

4. Article 3. The Committee requests the Government to furnish copies of any policy statements made by the federal or state authorities relevant to the application of the Convention.

5. Noting with interest that an interdepartmental committee, chaired by the Commonwealth Minister of Industrial Relations, was created to develop a strategy to implement the Convention across Commonwealth policies and programmes, and that the Work and Family Unit of the Department of Industrial Relations was created to oversee that strategy, the Committee requests the Government to provide full information in its next report both on the strategy developed and on the activities of the Unit.

6. Having noted the information provided by the Government on the activities undertaken by the Department of Industrial Relations to further the application of the Convention, the Committee requests the Government to provide any information to illustrate the extent to which workplace bargaining agreements are including provisions designed to enable workers to harmonize their work and family responsibilities. In this connection, the Committee, noting also with interest the efforts taken by the workers' and employers' associations to promote family-friendly practices, requests the Government to continue to supply information on the measures taken and results achieved through the introduction of such business practices.

7. The Committee requests the Government to provide information on the extent to which the decision of the Australian Industrial Relations Commission in the Parental Leave Test Case, 1990, has flowed on into other federal awards. Noting from the Lavarch Committee report (paragraph 4.4.10) that very few men had taken parental leave in the calendar year preceding the above-mentioned decision, the Committee requests the Government to provide any information indicating that the community education programmes to publicize the Convention have had a positive influence on encouraging a more equitable sharing of family responsibilities in this regard, or indeed, in other aspects of family life.

8. Article 6. The Committee has noted with interest the educational programmes launched to foster equality between women and men in employment and within families. It would request the Government to continue to supply information on any other relevant surveys, studies or programmes undertaken, including those conducted by the Australian Institute of Family Studies.

9. Article 7. The Committee has noted the comprehensive range of programmes created at both the federal and state levels to increase the participation and enhance the employment prospects of unemployed persons with family responsibilities. It would be grateful if the Government provided in its future reports, information on the actual numbers of people who have been able to take advantage of these programmes.

10. In regard to further facilitating the access of workers with family responsibilities to vocational training, the Committee requests the Government to supply full particulars on the establishment and activities of the Australian National Training Authority.

11. On the eve of the Committee's session, the Government transmitted a further comprehensive report on the application of the Convention. This will be considered at the Committee's next session.