Australian Human Rights Commission Submission to the CEDAW Committee – 12 June 2018 ii. Options for facilitating relationships between employers and women’s networks to workshop solutions to segregation in male dominated industries, and similar with male workers in female dominated industries. e) Research should be conducted on whether there is higher prevalence of sexual harassment/sex discrimination in gender segregated workplaces, and if so, recommendations for change a. Noting that, as a first step, the Commission’s 2017 workplace sexual harassment prevalence survey, to be conducted mid-year, can examine this issue. f) The Department of Foreign Affairs and Trade should partner with the Commission to consult internationally on special measures to reduce workplace gender segregation, focusing on States comparable to Australia in this context. 45 The Commission draws the Committee’s attention to recommendations made in the following submissions and reports, insofar as they remain relevant to addressing women’s economic security, including in retirement: Submission to the Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave (24 November 2008). Investing in care: Recognising and valuing those who care (2013). Supporting Working Parents: Pregnancy and Return to Work National Review Report (2014), and the relevant recommendations directed at government. Willing to Work: National Inquiry into Employment Discrimination Against Older Australians and Australians with Disability (2015). Submission to the Senate inquiry into the economic security for women in retirement (2015). Submission to the Finance and Public Administration References Committee inquiry into gender segregation in the workplace and its impact on women’s economic equality (2017). The Commission also recommends the following reforms to the superannuation system: a) Removal of the $450 superannuation guarantee threshold, b) Payment of a superannuation contribution on parental leave, family care leave and workers compensation, c) The Low Income Superannuation Contribution be extended permanently, d) The payment of superannuation on carer payments is costed with a view to implementation, and e) Encourage employers to implement initiatives aimed at reducing the gap in retirement savings. 46 The relevant recommendations are: (a) Amend the Sex Discrimination Act 1984 (Cth) (SDA) to:  extend the discrimination ground of ‘family responsibilities’ under the SDA to include indirect discrimination, and  include a positive duty on employers to reasonably accommodate the needs of workers who are pregnant and/or have family responsibilities. (b) Strengthen the ‘right to request’ provisions under s 65 of the Fair Work Act 2009 (Cth) (FWA) by:  removing the qualification requirements in section 65(2)(a) of the FWA (i.e. the requirements for 12 months continuous service)  introducing a positive duty on employers to reasonably accommodate a request for flexible working arrangements  establishing a procedural appeals process through the Fair Work Commission for decisions related to the right to request flexible working arrangements to ensure processes set out in the FWA have been complied with. (c) Clarify the provisions under the National Employment Standards of FWA to:  allow employees to use existing personal/carer leave entitlements under s97 of the FWA to attend prenatal appointments (including IVF)  allow employee breaks from work for the purposes of breastfeeding or expressing. (d) Increase understanding of legal requirements to not discriminate on the basis of pregnancy and return to work including by:  developing guidance material for employers in relation to their legal obligations and in relation to the work, health and safety needs or requirements of pregnant employees, employees undergoing IVF and employees returning to work after miscarriage or childbirth (including employees who are breastfeeding). This guidance material should be developed with a view to introducing a ‘code of practice’ to have effect under Work Health and Safety laws in every jurisdiction. (e) Allocate funding to conduct a regular national prevalence survey on discrimination related to pregnancy, parental leave and return to work after parental leave (every four years) 22