Senate Employment, Workplace Relations, Small Business and Education Committee Inquiry
HREOC Submission to the Inquiry regarding the Workplace Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999
The submission by the Human Rights and Equal Opportunity Commission (HREOC) to the Senate Employment, Workplace Relations, Small Business and Education Committee Inquiry regarding the Workplace Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999 focuses on areas of specific concern to the Sex Discrimination Commissioner. The submission does not comment on the legislative scheme as a whole but rather on how the legislative framework proposed by the Government might operate to minimise potentially discriminatory impacts. The submission also focuses on the need to increase the provision of information and the lack of relevant data evaluation.
Part A of the submission reviews the operation of the workplace relations system under the current Workplace Relations Act 1996. Part B discusses the potential discriminatory impact of some of the legislative changes proposed in the WR Bill.
Available evidence indicates poor outcomes for some women under decentralised bargaining. A trend depicting an enterprise bargaining gender pay gap has started to emerge.
The number of casual employees in the Australian workforce has increased substantially from 15.8 per cent in 1984 to approximately 25 per cent in 1997. In addition, casual employment data indicates a decline in the proportion of casual employees working less than 1 year with a single employer from 45.6 per cent in 1996 to 41.5 per cent in 1998 and an increase in the proportion working 5 years or more (19.5 per cent in 1996 to 20.8 per cent in 1998). The average tenure of a casual is 3 1/2 years.
There remains a lack of data on wage and employment outcomes based on the federal decentralised bargaining system. Lack of data limits and impedes thorough analysis of gender pay outcomes and consequently the ability to adequately assess discriminatory pay outcomes.
HREOC considered that the WR Bill presented an opportunity to deal with several of the industrial relations concerns raised in the Report of the National Pregnancy and Work Inquiry. However, HREOC noted with concern that most of the issues raised did not appear to be addressed in the WR Bill when in fact the Bill provided ample opportunity to attend to "gaps" that result in exploitation and inappropriate treatment of women workers.
Proposed amendments in the WR Bill may have resulted in discriminatory outcomes for women, including:
- further reductions in the allowable award matters;
- constraining the AIRC's discretion to consider safety net increases for all award dependent employees;
- further constraining transfers of employees from a State to the federal jurisdiction;
- the certification of agreements without scrutiny by the AIRC to ensure that they meet the no-disadvantage test requirements;
- no time periods for employees to be provided with AWAs prior to signing and immediate effect of AWAs; and
- separation of conciliation into voluntary and compulsory streams.
HREOC proposed that these issues be given in depth consideration with a view to appropriate amendment.
Last updated 1 December 2001
