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




   
 

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.

  • 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.

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:

  • How you could analyse your workplace to identify any conditions of service issues for women.

  • Suggested actions you could take to address the conditions of service issues you have identified.

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:

  • 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.

  • 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.

  • 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.
 

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'

Do your employment practices/conditions of service restrict the ability of candidates who want to work flexibly from being employed within your organisation'

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)'

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'

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'

Do working hours enable both women and men to fully contribute to the organisation as well as fulfil other family or personal responsibilities'

Have you considered implementing phased retirement'

Has your organisation considered opening up workplace flexibility for employees when negotiating workplace agreements'

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

Do leave provisions enable employees to balance their work and family responsibilities, and other needs (eg. religious or cultural practices')

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.

Has your organisation reviewed usage rates, for both women and men, of different types of leave'



Remuneration, Allowances and Benefits

Do female and male employees receive equal pay, bonuses and benefits, for work of equal value across the organisation'

If not, do you undertake regular pay equity reviews to ensure there is parity'

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'

Are allowances and benefits distributed among females and males in similar roles, on the basis of performance and position requirements'

Are bonuses allocated equitably' Are they distributed on the basis of performance and requirements of the job, and not depending on gender'

Is remuneration linked to objective performance measures' Are staff trained in how to use these performance measures'

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.

Do you offer an Employee Assistance Programme' Is it well-publicised and does it also extend to staff’s immediate family members'

Do employees working flexibly have access to similar benefits as full-time, worksite-based employees'

Are both women and men employed in job roles where performance pay or large bonuses are paid' 

On average, do women and men in similar roles receive the same level of assistance to support external study'

Are pregnant women and women on maternity leave or working flexibly included in pay review processes'

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

Are changes to conditions of service communicated effectively to all staff, both women and men'

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'

Are managers and staff aware of how new employment practices can be implemented equitably (eg. performance appraisals, flexible working arrangements etc.)'

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'

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'

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:

  • 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.


Reviewing Current Conditions of Service

  • 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:

    -         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'
           

    -         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'

    -         Employees have any suggestions for cost-effective conditions of service
              which may assist the organisation to address equal opportunity issues for
              women.

  • Consider introducing or revising conditions of service to enable female and male employees to balance work and family or other cultural commitments.

    -         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. 

    -        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.

  • 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.

  • 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.

 
Reviewing Remuneration, Allowances and Benefits

  • 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.

  • 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.

  • Link remuneration to objective performance measures.

  • Train staff on how to use performance measures.

  • Ensure that your organisation has a formal policy on performance review, and that managers receive training in conducting appraisals.

  • 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.

  • 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.

  • 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).

  • 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.

  • 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.

  • Ensure company-provided clothing is inclusive of the needs of both female and male employees (eg. safety footwear, maternity uniforms).

  • 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.

  • 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.

  • Ensure that individual workplace agreements are analysed to ensure that they are free of gender bias.

  • Consider the implementation of a phased retirement policy/program that meets the needs of mature-aged employees.


Communicating Conditions of Service

  • 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.

  • 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.

  • 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.

    -         Does each work-site have at least one copy of each in a central and easily
              accessible place'
        

    -         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'

    -         Are information sessions on matters that potentially impact on female and
              male employees conducted'

  • Develop an induction package which includes information on conditions of service for all new employees.

  • Use training forums for managers and staff to ‘mainstream’ EEO issues (eg. cover EEO and diversity matters in all staff induction training).

  • Encourage managers to discuss conditions of service issues when providing feedback or conducting performance appraisals.

  • 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.

  • 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:

  • A lack of applications from female employees.

  • A low proportion of women in management.

  • A low proportion of women in non-traditional roles, eg. trades, labouring, plant and machinery operators, corporate lawyers, banking, engineering, finance.

  • Problems retaining female employees.

  • Problems attracting female graduates.

Do you ensure that women and men are paid equitably'

Do women have equal access to overtime pay and other additional earnings'

Are your conditions of service attractive to female job applicants'

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'

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'

Are women or men working part-time entitled to access the same level of benefits and conditions of service as their full-time counterparts'

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.
 

Are there particular occupations in your workforce where the majority of staff are women and are they employed on a predominantly casual basis'

Does your organisation’s pay structure reflect the nature of the work and the skills required to perform the jobs'

Is the average length of service in your organisation similar for women and men'

Do your conditions of service reflect the needs of all members of your workforce'

Does the length of service for women and men differ between occupations'

Do you conduct exit interviews to identify whether a lack of flexibility in conditions of service has led to elevated attrition'

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

  • Review your current work practices to check that they are compliant with recent legislative changes.

  • 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.

Strategies

  • Consult with staff, seeking employee perceptions of the take–up of different flexible work arrangements.
  • See whether you can introduce flexibility into your employment agreements and negotiations.
  • The following flexible work conditions may be offered: 

    -        Working from home

    -        Part-time work
    -        Job-share 

Policies

  • Review changes to superannuation legislation and consider providing financial advice and guidance on these issues for women, particularly older women approaching retirement.

  • 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.

Examples of Initiatives

  • Change budgets and financial reporting to include the part-time headcount.

  • Restructure sales territories to reduce travel time and facilitate sales people working part-time.

  • 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.

  • 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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