Re evaluating Roles Dominated by

Transcription

1 Re evaluating Roles Dominated by Women Ak Acknowledge ld Traditional i Owners of the Land The SACS Equal Remuneration Case Workforce Conference 2010 Linda White Assistant National Secretary Australian Services Union

2 Summary Overview of Sectors Workforce Issues How we got to FWA The Case Process Funding Not Just About SACS

3 Overview of sector Non government Socialandand Community Services sector (SACS) in all States and Territories ASU largest union in sector Majority State/Federal Government funded some philanthropic hl h funding Sector critical to Australia s social ilcohesion

4 Overview of sector History of battles for industrial legislation 1983 CYSS case went to High Court for award and industrial coverage 1983 graduate rate = independent school teacher now gap $20k $25k Highly feminised 80%+ female

5 Overview of sector Governments outsource work through tendering Sector small organisations, large charities, some for profit most not for profit Few national organisations churches, charities and peak organisations not IR focussed Unsophisticated IR Limited bargaining Award reliant

6 The workforce issues 2007 launched discussion paper Reviews literature and statistics focus on workforce Identified workforce challenges No workforce strategies, skill shortages / atrophy, lack of work and career development, recruitment problems

7 The workforce issues Workforce female, ageing, part time Low wages compared to equivalents Next 15 years expect to lose between 10 40% workforce through retirement Industry expanding 2.8% per year faster than health

8 The workforce issues 2007 ASU survey of 2188 workers including managers 52% workers not committed to staying in industry beyond 5yrs 77% managers low wages main barrier to attracting staff Career development problems Can t attract indigenous staff

9 Industry at crossroads CRISIS

10 How we got to FWA case Since 2007, 20+ inquiries & reports on issues State, Federal, Productivity Commission NFP Same issues all states, workforce, governments funding, lack of bargaining i Wage gap profound and hard to make up and through existing mechanisms Ongoing campaign and focus by ASU

11 How we got to FWA case New IR system Fair Work Act presented some challenges and opportunities Corporations Power SACS many non trading corporations and issue of split sector between Federal and State systems Award modernisation process 37 industry State and Federal awards into one award

12 How we got to FWA case April 2008 Qld Branch created new State Award to apply to non trading corporations and those who Award free in 2011 November 2008 Stage 2 After Award made started process to adjust rates for pay equity Argued Qld pay equity principles to establish that the work in Award undervalued dbecause of gender

13 How we got to FWA case Key points Gender based because care work seen as extension of women s role in home and not valued Lack of EBAs and bargaining Award actual rates Compared to same jobs in public sector and local government was undervalued

14 How we got to FWA case May 2009 Success Increases range from 18% to 37% depending on classification Implemented over 3 year period and State wage case decisions also apply Qld government $414m to pay the increases Massive victory 2 fronts Some issues remain Fed and Qld funding

15 How we got to FWA case SACS rates and jobs same in all States Need flow on of Qld case Choice State by State and Federally because mixture of coverage ASU Heads of Agreement with the Commonwealth struck 30/10/09

16 How we got to FWA case Heads of Agreement Support for case Qld principles NSW jurisprudence Resourcing and research Qld protected t Phase in 4 ½ years 6 months stay before commencement No agreement on rates or funding Everyone in one system (except twa) WA).

17 The case process Signing Heads of Agreement was the easy part Bigger than Ben Hur Involves ACTU, HSU, LHMU, AWU, AEU New application no cases for 13+ years Federally All 16 cases previously under Federal law none successful

18 The case process S.302 Fair Work Act 302 FWA may make an order requiring equal remuneration Power to make an equal remuneration order (1) FWA may make any order (an equal remuneration order) )it considers appropriate to ensure that, for employees to whom the order will apply, there will be equal remuneration for work of equal or comparable value. Meaning of equal remuneration for work of equal or comparable value (2) Equal remuneration for work of equal or comparable value means equal remuneration for men and women workers for work of equal or comparable value. Who may apply for an equal remuneration order (3) FWA may make the equal remuneration order only on application by any of the following: (a) an employee to whom the order will apply;

19 The case process (b) (c) an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply; the Sex Discrimination Commissioner. FWA must tk take into account orders and determinations dt ti of the Minimum i Wage Panel (4) In deciding whether to make an equal remuneration order, FWA must take into account: (a) (b) orders and determinations made by the Minimum Wage Panel in annual wage reviews; and the reasons for those orders and determinations. Restriction on power to make an equal remuneration order (5) However, FWA may make the equal remuneration order only if it is satisfied that, for the employees to whom the order will apply, there equal remuneration for work of equal or comparable value. is not

20 The case process Application lodged in March 2010 If successful overrides relevant parts of Social Community, Home Care and Disability Services Industry Award and all the existing EBAs.

21 The case process Need to establish the types of factors to be addressed in assessing value of work performed by women look at Award histories, occupation segregation and demographics Relevant industry comparators Expert witnesses industry/pay equity, workplace, economic, qualifications 5 Worker statements and evidence 40+ Union Officials 20

22 Experts The case process Professor Gabrielle Meagher Uni of Sydney Valuation of caring professions, history Anne Junor Spotlight skills recognition ii framework Associate Professor Siobhan Austen Curtin Uni Participation of women in workforce, effect of undervaluation on participation and effect of increasing wages in economy Meg Smith Uni of Western Sydney Extensive research in gender equityandtheundervaluation the undervaluation of feminised work Robin Flynn CSHISC Skills Framework

23 The case process Claim same as in Queensland re: rates no discount for salary packaging Close as possible to Qld classification structure integration of disability classifications Looked at remuneration issues extra claim li for improved sleepover provisions based on NSW case for similar il work

24 The Case Process Timetable Our submissions and witness statements are done Most employers, peaks and StateGovernmentare are done all supportive except Mission Australia Timetable changed because of election and uncertainty dragged out original timetable Commonwealth and ACTU file by 5/11/10 (late 18/11/10 Employer orgs like AFEI, ABI, ACCI 3/12/10 in response Now gets interesting

25 The Case Process Timetable 10 days of inspection 6 16 th September Hearing in Jan/Feb st January 1 4 th February, 7 11 th February Written submissions 28 March 2011 and 12 th April il2011 Wanted finished by December 2010 because of modern award phase in not possible.

26 The case process C th promised to try and agree statement of facts Cannot and Do Not underestimate opposition ii

27 Campaigning Nationally Campaigning Nationally Workforce Conference nd November 2010

28 Funding Funding Funding of outcome of outcome most important Continuing ongoing g g g ASU campaign on funding Qld and Victoria Government have committed Workforce Conference nd November 2010

29 What it all means Valuing the work 10.2 In order to ensure that not for profits can sustain their workforces, and as wages are a major factor in the successful recruitment and retention of staff, Australian governments purchasing community services need to base funding on relevant market wages for equivalent positions. Costings need to take into account the skill sets required to perform the purchased services and be indexed appropriately to market wage growth within that industry sector. Contribution i of the Not for Profit fi Sector, Productivity i Commission i Report January 2010

30 Not just about SACS It s about women and equal pay On average Australian women are paid 18% less than men Women must work 66 days more than men on average for the same income

31 Not just about SACS Mainstream support for equal pay Marie Claire, Women s Day, mainstream. If not why not?

32 Contacts and action Linda White: ASU Website: twitter.com/asunion twitter.com/payupequalpay Facebook Pay Up No More Lip Service to Equal Pay