Australian Human Rights Commission
Submission to the CEDAW Committee – 12 June 2018
violence-support (viewed 30 May 2018); Virgin Australia Ground, Sustainability Report 2015 (2015) 5.
At
https://www.virginaustralia.com/cs/groups/internetcontent/@wc/documents/webcontent/~edisp/sustain
ability-report.pdf (viewed 30 May 2018); Male Champions of Change, Playing our Part: Workplace
responses to domestic and family violence (November 2015). At:
http://malechampionsofchange.com/domestic-violence-is-a-workplace-issue/ (viewed 30 May 2018).
As part of Australia’s Fair Work Commission’s review of all modern awards (Fair Work Act 2009 (Cth)
s 156), the Australian Council of Trade Unions sought variations to all modern awards to insert specific
provisions relating to FDV leave. See: Australian Council of Trade Unions, ‘Case for paid family and
domestic violence leave commences at Fair Work Commission’, Media Release, (14 November 2016).
At http://www.actu.org.au/actu-media/media-releases/2016/case-for-paid-family-and-domesticviolence-leave-commences-at-fair-work-commission (viewed 30 May 2018).
This application was supported by the Australian Human Rights Commission. See: Australian Human
Rights Commission, Submission to the Fair Work Commission, Commonwealth of Australia, Four
yearly review of AM2015/1 Family and domestic violence clause (5 October 2016). At
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-sub-ahrc-120516.pdf (viewed 30
May 2018).
The Fair Work Commission did not grant this claim for paid FDV leave, however accepted that
employees should be entitled to unpaid FDV leave. See: Fair Work Commission, Decision – 4 yearly
review of modern awards – Family & Domestic Violence Leave Clause (AM2012/1) (3 July 2017). At:
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/commonissues/am20151-family-and (viewed 30 May 2018).
42 Australian Human Rights Commission, Submission to the Australian Law Reform Commission,
Inquiry into Family Violence and Commonwealth Laws (21 April 2011), [47]. At:
http://www.humanrights.gov.au/legal/submissions/2011/20110421_family_violence.html (viewed 30
May 2018). See also Donna Chung et al, Home Safe Home: The link between domestic and family
violence and women’s homelessness (2000). At http://wesnet.org.au/wpcontent/uploads/2011/05/homesafehome.pdf (viewed 30 May 2018).
43 Australian Human Rights Commission, Supplementary Submission to the Attorney-General’s
Department, Commonwealth of Australia, Consolidation of Anti-Discrimination Laws (23 January
2012), [23–25]. At https://www.humanrights.gov.au/consolidation-commonwealth-discrimination-lawdomestic-and-family-violence (viewed 30 May 2018). See also Australian Human Rights Commission,
Submission to the Australian Law Reform Commission, Inquiry into Family Violence and
Commonwealth Laws (21 April 2011), [47]. At:
http://www.humanrights.gov.au/legal/submissions/2011/20110421_family_violence.html (viewed 30
May 2018).
44 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):
a) 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.
b) 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.)
c) 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.
d) 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
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