Employers have been accused of using legal gymnastics to get around new workplace provisions for flexible working hours and domestic violence leave.
The ACTU has recently lodged a claim with the Fair Work Commission requesting that employers be required by law to provide domestic violence leave to all of their employees and to consider flexible work arrangements whenever they are approached by workers.
This second rule does not force employers to actually provide flexible working arrangements; it simple requires them to seriously consider various options whenever employees request more flexible hours.
Employers have pushed back strongly. The Australian Industry Group, for example, lodged a claim suggesting that the new provisions constitute a breach of the Fair Work Act.
The Australian Chamber of Commerce, the Housing Industry Association and the National Farmers Federation have also made submissions dismissing the ACTU’s new provisions.
ACTU president Ged Kearney expressed disappointment that these bodies were using legal technicalities to avoid implementing policies to help improve women’s engagement with the workforce.
She described them as using “tricky legal tactics” and failing to understand that boosting women’s workforce participation is a “whole of community” problem.
“It’s disappointing employers are burying their head in the sand and making these issues a worker’s problem; it’s a national economic issue and they should support our claim which will help address it,” she said.
Kearney said if employers are not even willing to have conversations with employees about flexible working arrangements, increasing women’s participation in the workforce will be a tall order.
“The return to work clause simply requires that employers genuinely consider requests for part time or reduced hours when an employee returns to work – it starts the conversation,” she said.
“If an employer can’t reasonably accommodate the request, they can still say no, but these are the conversations that we need to have in workplaces if we are serious about increasing women’s participation in the work force.”
She said it is also essential that employers recognise the necessity of domestic violence leave.
“Having the right to access domestic violence leave can mean the difference between escaping or remaining trapped in an unacceptable situation. These are some of the most vulnerable people and they are essentially experiencing a double barrel of discrimination.”
The various industry bodies and employers have south to dismiss the protections by using legal technicalities such aslimited jurisdiction and conflict with specific sections of the Fair Work Act.
Domestic violence leave and increased working flexibility have both been increasingly recognised in recent months as crucial to reducing the number of women taking time out of the workforce unnecessarily.
Telsta recently implemented a comprehensive domestic violence policy that included the provision of domestic violence leave to all employees. Virgin Australia, National Australia Bank and some Australian universities have also recognised the importance of boosting women’s workforce participation and have implemented similar policies in recent months.
So why are other employers pushing back?