Australian Human Rights Commission
Submission to the CEDAW Committee – 12 June 2018
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Specifically, the Commission has made the following recommendations in its 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):
g) Actions supporting the reduction of gender segregation in Australian workplaces should be
included as a priority in the forthcoming 2018-19 Implementation Plan for the Government
Women’s Workforce Strategy.
h) The Commonwealth Government should develop and commit to a strategy for becoming a model
‘industry’ in reducing gender segregation:
i. as an employer (roles and occupations, management levels, flexibility, parental leave
arrangements/inducements for men etc)
ii. in policy and program design/development, and
iii. when contracting (impose contractual terms requiring demonstrated efforts to improve
gender balance to 40-40-20 in organisations engaged by Government.)
i) The Government should fund a quantitative and qualitative study into the features of male and
female-dominated workplaces industries and barriers to employees entering non-traditional fields.
The study should build on the data held by the Workplace Gender Equality Agency, and of the
relevant inquiries and reports previously conducted by the AHRC.
j) Based on this study, a report should be prepared for Parliament, including:
i. proposed guidelines on the use of special measures to reduce gender segregation (i.e. using
special measures to support women in male dominated and men in female dominated
workplaces, including in non-paid caring roles), and
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.
k) 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, noting
that, as a first step, the Commission’s 2017 workplace sexual harassment prevalence survey, to
be conducted mid-year, can examine this issue.
l) 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.
77 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:
f) Removal of the $450 superannuation guarantee threshold,
g) Payment of a superannuation contribution on parental leave, family care leave and workers
compensation,
h) The Low Income Superannuation Contribution be extended permanently,
i) The payment of superannuation on carer payments is costed with a view to implementation, and
j) Encourage employers to implement initiatives aimed at reducing the gap in retirement savings.
78 The relevant recommendations are:
(g) 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.
(h) Strengthen the ‘right to request’ provisions under s 65 of the Fair Work Act 2009 (Cth) (FWA)
by:
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