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employment matter
guidelines
conditions of
service
Contents:
Introduction
Analysing your workplace
Questions
to Identify Conditions of Service Issues for Women
Suggested Actions to Take to Address
Conditions of Service Issues
for Women
Predominantly Male Workplace Issues
Predominantly Female Workplace Issues
Moving from Compliance to Leading Practice
Case Studies
Related Links and Resources
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The changing demographics of
the workforce means that as an employer, you need to be
responsive to the needs of employees in the benefits and
entitlements you offer. Employees are attracted to organisations
that offer competitive conditions of service and they are more
likely to stay in a job where they are treated equitably and
fairly. |
Reviewing your conditions of service on an
ongoing basis could help your organisation:
-
Be responsive to the external environment.
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Maintain a competitive edge in attracting and retaining
valuable staff.
-
Ensure that in the changing labour market, you continue to
be positioned to maximise your human resources to achieve
organisational goals.
-
Understand what motivates potential new employees and the
different needs and values that may exist between the
various generations – Baby Boomer, Gen X and Gen Y.
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Keep in mind when reviewing your conditions of service,
that there are minimum conditions of service for employees, dependent
upon legislative and award standards. These vary from state to state in
Australia, though the Federal Workplace Relations Act now covers
most workplaces. If you are unsure of how these might apply to your
organisation, a good starting point is the federal Department of
Employment and Workplace Relations (DEWR).
The Australian Government has established a website which assists
organisations to understand their obligations, taking into account
recent changes to Workplace Relations law (http://www.workplace.gov.au/).
The information provided here aims to assist you to start thinking
about:
Also keep in mind that women are not a homogenous group
and differences such as age, religion, cultural and linguistic
backgrounds, disability, sexual orientation, etc. warrant consideration
in shaping your workplace practices, including conditions of service.
Organisations that recognise and value the different backgrounds of
women stand to benefit from a range of experiences and skills. These
skills are a resource for doing business in a diverse society.
Conditions of service that benefit both your female employees and the
employer need not be costly or resource intensive in their
implementation. Often, existing conditions of service merely need to be
managed in a slightly different way to better meet female employees’
needs and the needs of your organisation.
For example, allowing employees to take small blocks of annual leave
over the course of the year or during school holidays, rather than
prescribing that leave be taken all at once, can be very attractive to
employees without imposing onerous costs on the employer.
Not all issues, actions and examples suggested here are relevant to your
organisation. It is up to you to decide what is appropriate and relevant
for your organisation to consider when analysing your workplace to
identify issues for women, and taking actions to address these.
However, many of the suggestions outlined represent leading practice in
contemporary human resource management and provide an opportunity to
harness the contribution all your employees can make to productivity and
the achievement of organisational goals.
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To assist you to analyse your workplace and identify conditions of
service issues for women, we suggest you:
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Revisit your workforce profile to find where
your female employees are and whether there are clusters of
particular demographic groups amongst those women, for
example a prevalence of younger workers, older women or
women who do not speak English as a first language in lower
paid roles.
-
Consult with your employees – female and
male.
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Examine your current conditions of service
and how they might be impacting – positively or negatively –
on your current workforce profile and your future workforce
planning needs.
-
Proactively consider these issues when
planning for or negotiating new workplace agreements.
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Ensure that equal pay for equal work is being
achieved within your organisation.
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Remember, your organisation is unique and may
therefore have unique issues. However, the following questions may be
helpful when analysing your workplace.
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Do you
understand your workforce demographics and staff needs with
respect to conditions of service, such as offering flexible work
arrangements, paid parental leave etc' Have you collected data
to support the business case for flexible working' If not, do
you know how to obtain this data' |
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Do your
employment practices/conditions of service restrict the ability
of candidates who want to work flexibly from being employed
within your organisation' |
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Are your
conditions of service tailored to meet the needs of both female
and male staff (eg. maternity/parental leave, career breaks,
extended leave and flexible work options that accommodate
the needs of staff of both genders, varying ages and from
different cultural or religious backgrounds)' |
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Are women
employed mainly in casual and/or temporary positions' Is there a
higher representation of women from different cultural and
linguistic backgrounds or of particular age groups in these
positions' |
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Do casual
and temporary employees have comparable conditions of service to
full-time, permanent employees' If conditions are not
comparable, are these employees remunerated sufficiently to make
up for fewer benefits' |
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Do working
hours enable both women and men to fully contribute to the
organisation as well as fulfil other family or personal
responsibilities' |
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Have you
considered implementing phased retirement' |
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Has your
organisation considered opening up workplace flexibility for
employees when negotiating workplace agreements' |
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Has
casualisation of the workforce impacted on women more than men
in your organisation' Can casual staff apply for permanent roles
when they become available' Are casual staff able to access
training and development opportunities' |
Leave Arrangements
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Do leave
provisions enable employees to balance their work and family
responsibilities, and other needs (eg. religious or cultural
practices') |
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Do leave
usage rates differ between women and men' Or do they vary across
the organisation' If so, you may wish to explore why this occurs
(eg. practices may not be suitable for particular organisation
areas, lack of management support for practices, lack of
employee awareness of policies etc) so you can remedy it. |
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Has your
organisation reviewed usage rates, for both women and men, of
different types of leave' |
Remuneration, Allowances and Benefits
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Do female
and male employees receive equal pay, bonuses and benefits, for
work of equal value across the organisation' |
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If not, do
you undertake regular pay equity reviews to ensure there is
parity' |
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Are
technical and line roles paid equitably compared with
professional and support roles, considering the skills,
competencies, qualifications and experience required for the
different jobs' |
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Are
allowances and benefits distributed among females and males in
similar roles, on the basis of performance and position
requirements' |
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Are bonuses
allocated equitably' Are they distributed on the basis of
performance and requirements of the job, and not depending on
gender' |
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Is
remuneration linked to objective performance measures' Are staff
trained in how to use these performance measures' |
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Are
objective criteria or processes used to allocate allowances and
benefits (eg. seniority or length of service may disadvantage
women)' Examples of allowances and benefits could include: car
and mileage allowances, company cars and on-site parking,
discounted goods and services, share options, profit dividends,
reward schemes, health insurance, access to child-care or
sponsored placements, flexible working arrangements, paid study
assistance or leave, career breaks, health insurance and
employee health checks. |
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Do you
offer an Employee Assistance Programme' Is it well-publicised
and does it also extend to staff’s immediate family members' |
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Do
employees working flexibly have access to similar benefits as
full-time, worksite-based employees' |
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Are both
women and men employed in job roles where performance pay or
large bonuses are paid' |
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On average,
do women and men in similar roles receive the same level of
assistance to support external study' |
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Are
pregnant women and women on maternity leave or working flexibly
included in pay review processes' |
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Is your
organisation-provided clothing inclusive of the needs of both
female and male employees (eg. safety footwear, maternity
uniforms)' Does it take into account any religious or cultural
needs of staff' |
Communicating Your Conditions of Service
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Are changes
to conditions of service communicated effectively to all staff,
both women and men' |
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Do both
female and male staff have easy access to your organisation’s
latest policies and other relevant information' Does this
include when they are on parental leave, working part-time or
working from home' |
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Are
managers and staff aware of how new employment practices can be
implemented equitably (eg. performance appraisals, flexible
working arrangements etc.)' |
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When your
organisation reviews new working conditions (eg. through surveys
or the agreement negotiation process), is input sought from both
female and male employees at all levels affected' |
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Do staff
understand how to develop a business case to apply to change
their conditions of service' Eg. to work part-time, move to a
48/52 arrangement, job-share, commence phased retirement' |
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Are
managers trained in how to implement different arrangements and
then manage them' |
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To
comply
with the Act, you need to take actions to address the
conditions of service issues for women you identified. You do not
need to do everything all at once and you can aim to achieve equal
opportunity over time.
To be
waived from reporting in following years,
you must clearly demonstrate that you have taken all reasonably
practicable measures to address conditions of service issues for
women you have identified (for example, your issue might be difficulties
in achieving pay equity).
The following suggestions will help you to start thinking about actions
you could take to address any conditions of service issues you have identified.
Keep in mind that:
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Not all of these actions may be relevant to
your organisation. You will need to decide whether you
choose to do all, some, or none of the suggested actions and
whether you wish to tailor suggested actions to suit the
needs of your workplace.
-
If your workplace analysis
demonstrates your organisation has no issues for women in
this employment matter, you would not need to take any
actions.
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Reviewing Current Conditions of Service
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Investigate the effectiveness of existing
conditions of service (eg. through survey, focus groups,
employee consultation, exit interviews, reviewing usage
rates etc). You could, for example, look at whether:
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Both your female and male
employees are aware of conditions of service.
Do you offer
conditions of service that attract women to your
organisation' What
do your competitors offer'
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Both your female and male
employees believe conditions of service are
applied equitably
and accessibly. For example, do existing policies
accommodate
different definitions/types of families' Are company
benefits
extended to
same-sex relationships'
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Employees have any suggestions
for cost-effective conditions of service
which may assist the
organisation to address equal opportunity issues for
women.
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Consider introducing or revising conditions
of service to enable female and male employees to balance
work and family or other cultural commitments.
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Some examples could include
part-time work, working from home, flexible
working hours, access to
a private telephone for employees to check on
family or to address
other personal matters, different types of leave,
parental resource kits,
dependant care help lines, work-based child-care,
school holiday care,
after hours care, school holiday leave, Employee
Assistance Programmes,
job-share, financial planning information sessions
for older workers, phased
retirement and so on.
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You would need to consider
which option/s would be the most resource-
effective way to address
your organisation’s specific equal opportunity
issues for women in the
workplace.
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Include an anti-discrimination or equal
employment opportunity clause in your workplace agreement/s.
Ensure all managers are trained in EEO issues and in how to
implement and manage flexible working arrangements.
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Consider offering long-term casual employees
(both female and male) the opportunity to access regular
part-time arrangements that attract pro-rata conditions of
service of full-time, permanent staff.
-
Consider opening up workplace flexibility for
employees during workplace agreement negotiations.
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Reviewing Remuneration, Allowances and Benefits
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Review how remuneration, allowances and
benefits are allocated to identify any equal opportunity
issues for women.
-
Monitor and compare the increase in
remuneration and benefits for female and male staff in
similar roles who are assessed as performing well.
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Develop a remuneration policy with clear and
transparent processes and objective criteria (eg.
performance reviews, job analysis) for allocating bonuses,
rewards, incentives, allowances and benefits. Ensure this
policy is based on actual performance and not time on the
job or hours spent in the office.
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Link remuneration to objective performance
measures.
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Train staff on how to use performance
measures.
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Ensure that your organisation has a formal
policy on performance review, and that managers receive
training in conducting appraisals.
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Ensure that there are appeal procedures in
place for negative performance reviews.
-
Consider having a Human Resources staff
member present during all performance review interviews.
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Consider having a manager outside the staff
member’s work area involved in performance reviews.
-
Ensure that the performance review process is
formal, documented and also works effectively for employees
working from a location other than the office.
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Review employee remuneration to ensure female
and male employees receive comparable pay for equivalent
performance in similar roles. Also ensure that there are no
discrepancies between different demographic groupings such
as older women or women who do not speak English as a first
language, and men in the same or similar roles.
-
Consider implementing performance pay across
all organisational areas and levels, rather than in only
traditional areas/levels (for example, sales positions,
senior management).
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Ensure that both women and men, including
pregnant women and women on maternity leave, are included in
all pay review processes.
-
Ensure that the organisation considers paid
maternity leave and quality part-time work (including for
mature-aged workers) in determining conditions of service.
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Ensure company-provided clothing is inclusive
of the needs of both female and male employees (eg. safety
footwear, maternity uniforms).
-
Identify the skills of both female and male
employees (eg. through a skills audit or as part of
performance appraisal processes) and ensure that comparable
skills and outcomes achieved attract comparable remuneration
and benefits.
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Ensure company-provided clothing is inclusive
of the needs of both female and male employees (eg. safety
footwear, maternity uniforms).
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As well as a skills audit, job analysis
should be used to ensure that communication and people
management skills are valued and that pay levels reflect the
contribution employees make across the organisation, rather
than the more traditional relativities.
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Embed the principle of ‘equal remuneration
for work of equal value without discrimination based on sex’
into your agreement/s and human resource management
policies.
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Ensure that individual workplace agreements
are analysed to ensure that they are free of gender bias.
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Consider the implementation of a phased retirement
policy/program that meets the needs of mature-aged
employees.
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Communicating Conditions of Service
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Be prepared to communicate flexible workplace
policies at the time of recruiting new employees. This will
benefit both staff and the organisation.
-
Seek input from all employees – female and
male – when your organisation reviews new working conditions
(eg. through surveys or during the agreement negotiation
process).
-
Ensure
that a diverse group of women (including part-timers, mature
workers, casuals and representing different cultures) are
represented in any consultations about proposed changes to
conditions of service.
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Ensure that women (including culturally and
linguistically diverse women, mature women and those working
flexibly) are represented on the bargaining team for
workplace agreements. Ensure that female employees have
access to an advocate or agent when negotiating individual
workplace agreements.
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Ensure that relevant awards, agreements and
policies are readily accessible to all staff, including
those who are on long-term leave (for example,
maternity/parental leave) and those working from home.
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Does each work-site have at
least one copy of each in a central and easily
accessible place'
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Is information about
conditions of service communicated in a range of
ways
(for example, staff
newsletters, billboards, intranet)'
-
Are human resources staff
available across other areas of the organisation
to help employees and
managers understand their conditions of service'
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Are information sessions on
matters that potentially impact on female and
male employees conducted'
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Develop an induction package which includes
information on conditions of service for all new employees.
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Use training forums for managers and staff to
‘mainstream’ EEO issues (eg. cover EEO and diversity matters
in all staff induction training).
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Encourage managers to discuss conditions of
service issues when providing feedback or conducting
performance appraisals.
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Ensure that both female and male employees
and employees on short or long-term leave have access to
information on all changes to conditions of service.
-
Educate managers on how to implement and
manage conditions of service effectively and in a
non-discriminatory way.
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Encourage managers to lead by example when
accessing conditions of service.
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An equal opportunity program must deal with the
specific needs and issues of your organisation. Such a program
identifies and outlines the issues you are addressing and the
initiatives you will put in place to achieve results. The most
significant issues facing organisations with a majority of male
employees may be:
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A lack of applications from female employees.
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A low proportion of women in management.
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A low proportion of women in non-traditional
roles, eg. trades, labouring, plant and machinery operators,
corporate lawyers, banking, engineering, finance.
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Problems retaining female employees.
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Problems attracting female graduates.
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Do you
ensure that women and men are paid equitably' |
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Do women
have equal access to overtime pay and other additional earnings' |
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Are your
conditions of service attractive to female job applicants' |
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Do your
workplace agreements, employment contracts and remuneration
schemes reward and recognise women and men equally for the same
work' Is there equal access to benefits and other entitlements' |
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Do you have
a higher attrition rate amongst female employees because of your
conditions of service' If yes, what actions are you taking to
address this' |
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Are
women or men working part-time entitled to access the same level
of benefits and conditions of service as their full-time
counterparts' |
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Do you
constantly benchmark against others in your industry to see what
they offer' |
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EOWA is aware that some organisations have been
implementing very good Human Resources policies for a number of years
but have under-reported on this information because they don’t see it as
relevant to equal opportunity for women. All HR policies and practices,
whether formal or informal, affect all the people in your organisation
and therefore, are relevant to equal opportunity for women.
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Are there
particular occupations in your workforce where the majority of
staff are women and are they employed on a predominantly casual
basis' |
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Does your
organisation’s pay structure reflect the nature of the work and
the skills required to perform the jobs' |
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Is the
average length of service in your organisation similar for women
and men' |
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Do your
conditions of service reflect the needs of all members of your
workforce' |
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Does the
length of service for women and men differ between occupations' |
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Do you
conduct exit interviews to identify whether a lack of
flexibility in conditions of service has led to elevated
attrition' |
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Do you
offer a range of benefits that are attractive to both women and
men' Are staff aware that they exist and do they know how they
can access them' |
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What Do Leading Practice Organisations Do'
Moving from compliance to waived status requires you to demonstrate that
you have taken all reasonably practicable measures to address
recruitment and selection issues for women that you have identified.
Whilst there is no set formula for achieving waived status, the
following categories of action may help you to generate ideas of what
can be achieved to address the issues of women in your workplace and
increase your opportunities to recruit and select the best possible
talent for the job.
Date Review
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Review
your current work practices to check that they are compliant
with recent legislative changes.
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Benchmark
your conditions of service against others in your industry
to see if there are other policies or programs you could
implement that you do not already currently provide.
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Strategies
Policies
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Review
changes to superannuation legislation and consider providing
financial advice and guidance on these issues for women,
particularly older women approaching retirement.
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Check
your policies and programs to assess the extent to which
they reflect the work and personal needs of both women and
men in your workforce.
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Examples of Initiatives
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Change budgets and financial reporting to
include the part-time headcount.
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Restructure sales territories to reduce
travel time and facilitate sales people working part-time.
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Introduce
specific conditions of service to meet specific group needs
eg. phased retirement programmes, paid parental leave,
child-care assistance, 48/52 and other leave arrangements.
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Ensure
that part-time hours or job-sharing will be considered when
new roles are being advertised.
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All case studies are available from the EOWA website:
www.eowa.gov.au.
Mixed Gender
John Wiley and Sons
designed and implemented a staff survey, which resulted in improvements
in conditions of service for both female and male staff. Other issues
were also identified, and the company sought to take action to address
them.
Sara Lee
Household and Body Care Australia
sought to retain talented and
experienced staff and to support working parents, implemented
groundbreaking initiatives enabling work/life balance and flexible
conditions of service.
The Friend’s
School
achieved a 100% return to service after maternity leave by improving
maternity leave benefits for female staff members.
Henry Davis York
recognised that competition
between law firms was extreme and they needed to not only attract
recruits but also to retain them and where appropriate, promote them
within the firm. HDY restructured its work/life strategy and flexible
work practices to reflect the diversity of needs across its workforce.
Predominantly Female
The
Australian National Credit Union (ANCU) discovered that several
staff members were dissatisfied with the existing rates of pay. In order
to retain the best talent, a rewards and recognition program was
implemented, which incorporated evenly-distributed bonuses to all staff
and managers.
Autoliv Australia was
proud of its low staff turnover and high staff morale. In order for this
trend to continue, Autoliv adopted initiatives such as income
protection, paid carer’s leave, medical assistance and twelve RDO’s per
year.
Blake Dawson Waldron
was keen to retain skilled staff through providing good conditions of
service. In implementing an extensive work/life program, the firm was
able to not only retain its talented staff but it also elevated staff
morale and established a significantly improved workplace culture.
Country Road, through
the conducting of exit interview, identified that pay equity was an
issue requiring action. As a result of the initiatives implemented,
there was a 13% increase of women in management and pay equity between
female and male staff.
Hollywood Hospital’s
goal was to reduce staff turnover, so initiatives were implemented such
as child-care referral systems, paid maternity leave and career break
schemes, which resulted in a dramatic decrease in staff turnover, from
27% to 12.6% in three years.
Predominantly Male
Connell Wagner Pty Ltd
is one of Asia Pacific’s largest multi-disciplinary consulting
practices. They provide planning, surveying, engineering, environmental,
scientific, business advisory and project management services in a broad
range of markets. Traditionally, this type of work has been undertaken
predominantly by men. Connell Wagner has introduced a number of
work/life programs to support staff with differing needs.
SAP,
through staff surveys and analysis, realised that in order to retain
talent in the competitive IT industry, they needed to offer better
conditions of service. Child-care referral systems, study allowance and
other flexible work arrangements became part of a suite of initiatives
that were implemented to address this.
Wrigley was dedicated
to assisting women to manage their work, family and other personal
responsibilities and made improvements to working hours and working from
home options to assist staff to achieve work/life balance.
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To download a comprehensive list of links and resources
across the seven Employment Matters,
click here.
Internet Sites
Diversity Australia
www.diversityaustralia.gov.au is a portal for diversity management,
directed mainly at business, including business educators.
Diversity Policy Template
A sample policy with broad commitments related
to recruitment, career development and promotion, as well as and
flexible work practices. Made available by the Programme for the
Practice of Diversity Management of the Australian Centre for
International Business. (AUST)
Office of the Employment Advocate
The Office of the Employment Advocate (OEA) helps employers and
employees to achieve better workplaces by promoting better work and
management practices through Australian Workplace Agreements (AWA). The
OEA provides advice to employers and employees, especially small
businesses, about the provisions of the Workplace Relations Act 1996,
and deals with breaches of AWAs and freedom of association.
Work and Family Awards – Diversity Council of Australia
http://www.dca.org.au
The Australian Chamber of Commerce and Industry (ACCI) and
Business Council of Australia (BCA) National Work & Family Awards
recognise excellence in work and family initiatives. They showcase
small, medium and large organisations with outstanding flexible working
arrangements that meet the needs of the
business and its employees.
Publications
Allen, R., Dawson, G., Wheatley, K. &
White, C. (2004). Diversity practices: learning responses for modern
organizations. Development and Learning in Organizations, Vol. 18
No. 6, pp. 13-15.
Carlson, L. (2005). Flexibility proves profitable for large firms.
Employee Benefit News, September, pp. 73-74.
Creagh, M. & Brewster, C. (1998). Identifying good practice in flexible
working. Employee Relations, Vol. 20 No. 5, pp. 490-503.
Deadrick, D., McAfee, B. & Champagne, P. (1996). Preventing workplace
harassment: An organisational change. Perspective. Journal of
Organizational Change Management, Vol. 9 No. 2, pp. 66-75.
Francis, V. & Lingard, H. (2002). The case for family-friendly work
practices in the Australian construction industry. Australian Journal
of Construction Economics and Building, Vol. 2 No. 2, pp. 28-36.
Gray, M. & Stanton, D. (2002). Work and family Life: Our workplaces,
families and futures. Family Matters, No. 61 Autumn, pp. 4-11.
Gray, M. & Tudball, J. (2002). Access to family-friendly work practices:
Differences within and between Australian workplaces. Family Matters,
No. 61 Autumn, pp. 30-35.
McMaster, F. (2005). How flexible is your workplace' Workplace
flexibility – IBM style. Local Government Manager, Vol. 39 No. 3,
pp. 12-13.
Sheridan, A. & Conway, L. (2000). Workplace flexibility: Reconciling the
needs of employers and employees. Women in Management Review,
Vol. 16 No. 1, pp. 5-11.
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