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Domestic and family violence: developing a new language for workplaces (2010)

Sex Discrimination

Domestic and family violence: developing a new
language for
workplaces

Speech to
Forum on Domestic violence clauses in enterprise agreements, an Australian first
at UNSW



Elizabeth
Broderick


Sex Discrimination Commissioner and Commissioner responsible
for Age Discrimination


Thursday 15 April 2010

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I want to begin today by acknowledging the Gadigal people of the Eora nation
and pay my respects to their elders, past and present.

I would also like to acknowledge the Minister for the Status of Women, Tanya
Plibersek and Paul Pearce, Member for Coogee.

I would also like to extend a particular welcome to Ged Kearny, the incoming
president of the Australian Council of Trade Unions – I look forward to
working closely with you in coming months. I would also like to acknowledge Neil
Morris who is representing the Vice Chancellor today and thank you for your
welcome. Thank you also to Steve Turner the Assistant Branch Secretary of the
CPSU, Maria Cirillo from the Public Service Association and the Australian
Domestic and Family Violence Clearinghouse for the invitation to be here this
afternoon.

It is a pleasure to be here at my alma mater discussing this topic with you
today. I graduated from UNSW in 1984. Even back then in many ways UNSW was
leading the way. It was one of the first universities to offer a combined
computer science and law degree which was very innovative at the time and
propelled me into the workforce with what was a pretty unique set of
qualifications. Little did I ever think I would end up as the Sex
Discrimination Commissioner.

So thank you for the opportunity to be back here with the UNSW community
today.

As I have travelled across Australia, talking to thousands of women and men,
I have become more and more convinced that building women’s economic
security is vital to achieving gender equality in this country.

The primary way the majority of us lay the foundations of our economic
security is through participation in paid work.

Most of us are well aware of the barriers that still exist to women’s
participation in paid work – women’s caring responsibilities, the
shortage of affordable and accessible childcare, the lack of flexible work
conditions – easily recognisable forms of gender based discrimination.

But as a community and as employers we are less familiar with ways in which
domestic and family violence affects a women’s ability to stay in the paid
workforce.

We know that almost one in three women who experience domestic and family
violence are in the workforce, so there is no question that the issue of
violence affects many in our
workplaces.[1] Domestic and family
violence is an issue still cloaked in silence and shame – and that is even
more pronounced in workplaces.

But violence has serious implications for individual women’s short and
long term financial security. [2] Domestic and family violence can disrupt women’s work and can cause women
to incur a range of additional costs and debts.

For example, violent partners may control a woman’s participation in
paid work. A woman may leave paid work because of threats. Or a woman’s
absences from the workplace due to violence may place her employment at
risk.

Women’s rental accommodation or home ownership is often threatened by
violence. Women incur significant debts moving and securing new accommodation.
They don’t always receive information about their entitlements and child
support can be an unreliable supplement to support the costs of raising
children.

We know that these financial penalties and disruptions to women’s
participation in the paid workforce will also accumulate and compound over time
which means the economic price that women pay is life long.

We must develop better workplace responses to domestic and family violence to
ensure that women can stay attached to the workforce. Doing this will mean three
things.

Firstly, we will protect women’s financial security in the immediate
term – women will be less likely to lose their job in a period of crisis.

Secondly, if we can keep women attached to the labour market, we will better
protect their economic security in the longer term – they will be less
likely to live in poverty in their twilight years.

But thirdly, and most importantly from an employers perspective, individual
businesses will be better able to prevent the unnecessary loss of talented
staff. That is particularly the case as we recover from the GFC and given the
significant demographic shift that is occurring in Australia move back in to a
period of skills shortage.

It is my wish that no woman would ever have to use domestic and family
violence provisions, but the data tells us otherwise.

My conversations with employers demonstrate that they are looking for the
language to discuss domestic violence in the workplace and to find innovative
approaches to support women. I believe that initiatives like the ones we are
discussing here today at UNSW are leading the way. They are example that other
businesses and employers might follow.

As you might know, when I came to the position of Sex Discrimination
Commissioner, I went on a national Listening Tour to understand what Australian
women and men thought about gender equality.

One of the themes I was particularly concerned to hear about was gender-based
harassment and violence. Many men and women I spoke to saw this issue as a
significant and ongoing barrier to gender equality.

But I also raised the same issue with businesses and employers throughout the
Tour. And I have to tell you, when the powerpoint flipped over and we got to
that part of the presentation there was, more often than not, an awkward silence
and several exchanged glances.

For many employers, domestic violence is an intensely private issue.
Employers don’t have the language to discuss it with the employees
involved or at an organisation level. One employer admitted to me that,
“we have a duty of care over the person [their employee], which includes
their personal life in circumstances in how that impacts them and how
that’s going to impact them as a worker.” “But”, he
continued, “how far do you take that... where do you get the language
around domestic violence? I probably will be referring them to other people.
I’m not going to have the skills or [desire] to get involved in their
personal circumstances.”[3]

There were some employers who clearly recognised domestic and family violence
as a workplace issue. As one of them said to me, “We have the opinion that
anything that impinges on your work performance is our
concern.”[4]

There are a small number of innovative programs which are increasing some
organisation’s understanding of domestic and family violence and local
services.

For example I have met with a Brisbane based organisation called the CEO
Challenge which is engaging with Chief Executive Officers of organisations to
position domestic violence as an issue for the workplace. The program tells men
and women (perpetrators and victims) where they can access help if they are in
the cycle of domestic violence and there are some employers who do refer staff
to employee assistance or counselling programs if they are experiencing domestic
violence.[5]

But referral to counselling alone will not be enough to keep women attached
to the workforce.

The CEO Challenge does also encourage employers to give their staff time off
for relationship counselling and financial counselling. One CEO who participated
in the program said he didn’t think any of his staff experienced domestic
violence amongst staff in his workplace but when he introduced the program he
reduced staff turnover by 20%.[6]

Let me congratulate both the UNSW and the PSA/CPSU on their preparedness to
see domestic and family violence as a workplace issue - as an issue that affects
employers and employees.

Including domestic and family violence provisions in an enterprise agreement
sends a strong message that domestic and family violence impacts on workplaces.

I know that Maria Cirillo is going to detail the PSA/CPSU’s proposed
provisions – but I want to say that provisions such as additional special
leave and security measures will go a long way towards supporting women to
remain attached to their workplace.

Enshrining these sorts of arrangements within the Enterprise Agreement means
that they become a workplace entitlement – a regular part of the
employment terms and conditions. That means that they won’t be
discretionary or vulnerable to revocation. It recognises the fact that anyone
who experiences domestic or family violence needs the support of their workplace
to recover, to settle, to organise children, to attend doctor’s
appointments, court dates and so on. Making this understanding and support
explicit means that those who need it won’t have to struggle to take
it.

Like sick leave and carer’s leave before them, we will always hope they
are rarely needed, but the development of these workplace entitlements will
allow all employees to balance their work life with particularly stressful and
difficult parts of their personal life.

As we move closer and closer to the introduction of a paid parental leave
system in this country I am reminded how powerful individual steps can be. Over
the last decade, more and more businesses in Australia have realised how
important it is to ensure that they can attract and retain talented women. In
increasing numbers, these organisations have included parental leave in their
terms and conditions. Parental leave has moved from a discretionary policy, to
an employment condition enshrined in some organisations’ workplace
agreements and we are about to see it backed up by Federal legislation and
available for all women all over Australia.

I am hopeful that these sorts of provisions will be part of a continued
commitment to violence prevention. I want to congratulate UNSW on hosting the
Domestic and Family Violence Clearinghouse, a wonderful organisation which makes
a crucial contribution to the issue nationally. We are lucky to have them.

UNSW’s preparedness to see domestic and family violence as a workplace
issue, as an issue that affects both employers and employees will elevate the
issue in university’s community and the community more broadly.

The PSA/CPSU’s leadership on this issue and UNSW willingness to enter
into these discussions will contribute enormously to the efforts of employers
all over Australia to address violence against women and I hope that what we are
seeing today is the beginning of a new language and a new model for committed
employers. I look forward to being able to share this with all the employers I
meet and the international human rights community more broadly.


[1] Australian Bureau of
Statistics, Personal Safety, Australia, 2005 (Reissue), Catalogue No.
4906.0 (2006), p 35. At www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4906.0Main+Features12005%20(Reissue)?OpenDocument (viewed 12 April 2010)

[2] S
Franzway, C Zufferey and D Chung, ‘Domestic violence and women’s
employment’, Paper presented at Our Work, Our Lives Conference, September,
Adelaide (2007).

[3] Human
Rights and Equal Opportunity Commission, 'Men's focus group 3'
(2007)

[4] Human Rights and Equal
Opportunity Commission, 'Launceston Chamber of Commerce Business Roundtable'
(2007)

[5] Human Rights and Equal
Opportunity Commission, 'Men's focus group 4'
(2008)

[6] Human Rights and Equal
Opportunity Commission, 'Brisbane Community Consultation' (2008)