Australian Human Rights Commission Submission to the CEDAW Committee – 12 June 2018    (i)   (j)  (k) (l) 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. 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. 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. 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) Conduct further research into identified gaps, such as the most effective mechanisms for reducing the vulnerability of pregnant women, employees on parental leave and working parents to redundancy and job loss. 29