Australian Network on Disability Annual National Conference 2016

I would like to thank the Australian Network on Disability for inviting me to speak about the work I have been doing. As many of you would know, I have recently concluded the Willing to Work National Inquiry into Employment Discrimination against Older Australians and Australians with Disability. The report for which was released by the Attorney-General last week.

The report is available from the Australian Human Rights Commission’s website.

The terms of reference for the Inquiry were provided by Attorney General, Senator the Hon George Brandis QC, and asked the Australian Human Rights Commission to: 

• examine the barriers to employment for people with disability and older people; and
• make recommendations about practices, attitudes and Commonwealth laws that should be changed, and actions that should be taken in order to address employment discrimination.

I will focus my comments today on the findings in relation to Australians with disability.

The report, and the findings and recommendations it contains, were derived from extensive research, which included:
• 120 consultations across all state and territory capital cities and in some regional centres.
• contributions through those consultations and individually from 1100 people, including individuals with disability, carers, advocates, community organisations, employers, businesses, trade unions, peak bodies and academics. 
• 342 formal submissions
• Data from the 2015 Australian Bureau of Statistics Survey of Disability, Ageing and Carers.

So the Inquiry consulted broadly, including with older people, people with disability and employers of all sizes and across all sectors, as well as advocates, legal practitioners, policy experts, academics, industry representatives and unions.

Our findings therefore are grounded in the voices of individuals affected by discrimination.

Their contributions along with all relevant available data, support the view that far too many people with disability in Australia do not enjoy the right to work.

Workplace discrimination undermines basic human rights and too many Australians are currently denied the right to work because of it.

People who are willing to work but are denied the opportunity are also denied the personal and social benefits — of dignity, independence, a sense of purpose and the social connectedness — that work brings. These personal benefits of work are particularly important to people with disability who have a range of barriers to living normal lives.

This reality lies at the heart of this report.

In 2015, 53.4% of people with disability were participating in the labour force, compared with 83.2% of people without disability. The participation rate for people with disability has changed very little over the last 20 years. This suggests that without better-targeted action nothing will change.

People with disability are more likely to be unemployed than people without disability  and to have longer periods of unemployment.

We found that many highly skilled individuals are being shut out of work because of underlying assumptions, stereotypes or myths associated with their disability.

• Almost one in 12 Australians with disability (8.6%) reported that they had experienced discrimination or unfair treatment because of their disability in the past year.

• 20.5% of young people with disability (aged 15–24 years) reported experiencing discrimination.

• A substantial proportion (almost half who were unemployed or employed full-time and about one-third who were employed part-time) of those reporting discrimination identify the source as an employer.

• In 2014–15 the Australian Human Rights Commission received over 3,500 enquiries about disability discrimination with 35.4% in the area of employment. In the same period the Commission received 742 complaints about disability discrimination, with 41.0% being in the area of employment. These numbers are consistent with data from other state and territory jurisdictions.

Discrimination also has significant costs for the Australian economy.

• An estimated $50 billion could be added to GDP by 2050 if Australia were to move up into the top eight OECD countries for employment of people with disability.

At the enterprise level, Australian businesses are missing out on the range of skills and abilities people with disability have to offer.

In an economy with serious skills shortages, this does not make sense.

Organisations that are inclusive and diverse report tangible benefits in terms of productivity, performance and innovation.

Inquiry’s findings

Employment discrimination as revealed in our inquiry is systemic and requires action at multiple levels.

• At the individual level, attitudes and beliefs need to change. This is not impossible but it takes time and commitment. Well focussed and sustained community education and awareness campaigns have changed entrenched attitudes and behaviours, for example, reducing smoking, increasing the use of seat belts and sun screen.
• The Inquiry also learned there is a broad lack of understanding among many employers of the range, type and impact of different disabilities, and a perception that workplace adjustments are costly and difficult. Although I suspect this is less likely to apply to organisations represented here today.
• We also found that some government policies are creating disincentives to workforce participation, and some programs and subsidies to encourage businesses to increase employment of workers with disability are having limited impact.
 
The recommendations

Our Willing to Work report contains 56 recommendations, which are designed to foster a broad national approach, and collaborative engagement with employers and employees.

Among these recommendations are strategies that could be adopted by businesses and employers.

We have based many of these recommendations on examples of good practice identified over the course of the Inquiry. The report identifies over 70 examples of good practice in addressing discrimination.

The report offers a suite of strategies that employers can adopt to lift representation and ensure non-discriminatory recruitment, retention and training practices. In many cases such strategies will not just maintain productivity but will support improvements.

There is no single ‘one-size-fits-all’ approach and the Inquiry acknowledges the broad range and diversity of large, medium and small businesses, industries and contexts.

The Inquiry found that there are four key areas in which employers can act to address workplace discrimination:
• demonstrable commitment by leadership
• ensuring that recruitment and retention practices are non-discriminatory
• building workplace flexibility
• providing targeted education and training in the workplace — ensuring that managers and supervisors understand the benefits of a diverse workforce and how to maximise diversity and that employees understand their rights and responsibilities.

There are many businesses out there that recognise the diverse skills and value of Australians with disability, and have developed innovative recruitment and work practices. No doubt many are represented here today.

For example, Crown Casino have developed the CROWNability disability employment program. The goals of this program are to create employment opportunities for people with disability, to achieve sustainable job outcomes and to be a disability confident organisation. Through this program, Crown Resorts hope to achieve a target of employing three people with disability per month.

And this year, the NSW Public Service became the latest large employer to have announced the introduction of an ‘all roles flex’ policy, with Premier Mike Baird announcing on International Women’s Day this year that 100% of NSW public service jobs will be flexible by 2019 on the basis of ‘if not, why not’.
The Inquiry’s recommendations recognise the realities of the economic environment now and through future decades.

The report also includes some priority commitments for government, some of which, if adopted would have some impact on employers, including:
• implementing, and reporting on, national workforce strategies to lift the labour force participation of older Australians and Australians with disability;
• adopting targets for employment of older people and people with disability within the public service; and
• expanding the role of the Workplace Gender Equality Agency to become the Workplace Gender Equality and Diversity Agency.

There are new jobs in Australia, plenty of them, for example in the growth of robotics and IT, renewable energy, the expanding aged care sector, and even the latest submarine building program.

Of course what works for large companies may not be achievable for small and medium enterprises (SMEs).

For small business owners, greater access to customised support and information will help them employ people with disability whose skills can contribute to their business.

We have recommended further review or change to some existing laws.

We suggest that some Fair Work provisions in relation to flexibility of hours and unfair dismissal on the grounds of discrimination are due for review.

So we have proposed a few measures of law reform, but most of the report relates to reform of the labour market- regarding attitudes, policies and practices at all stages of employment.

I am confident that the changes we propose are realistic. They are evidence based and already in place in some workplaces.

This report is a reflection of the contributions of many people and I am grateful to those who took the time to attend consultations, write a submission and assist the Inquiry.

I trust that the findings and recommendations of this Inquiry will spark action and commitment and enable change and create impact in addressing employment discrimination against older people and people with disability so that all those who are willing to work can work.

We all stand to gain.

In particular, as I conclude my remarks to this audience, I would invite all members of AND to consider our recommendations and perhaps decide to follow them in your own business. In particular, the setting of targets which are voluntary but the public could help us move forward.

I look forward to hearing from any employers who would like to discuss these recommendations further with me.

Thank you