IN AN AUSTRALIAN FIRST GENDER EQUALITY IS NOW LAW FOR THE PUBLIC SECTOR The Gender Equality Act came into effect on 31 March 2021. It requires local Councils to take positive action towards gender equality within their organisation and in their public programs, policies and services. Here Dr Niki Vincent, Commissioner for Gender Equality in the Public Sector outlines progress of the Act and its implications. What does the Gender Equality Act 2020 mean for Victorian Councils and what areas of their operation does it apply to? Organisations must undertake comprehensive workplace gender audits across seven key indicators and based on this data, consult with their employees, governing body and employee representatives to develop Gender Equality Action Plans every four years. They must publicly report on progress every two years. In addition, gender impact assessments are required for all new public-facing policies, programs and services, as well as those under review.
What other public employers are covered under the Act? The Gender Equality Act applies to 300-plus Victorian organisations – including the Victorian Public Service, public entities, special bodies, Court Services Victoria, and the Office of Public Prosecutions. All up, it will cover around 380,000 employees – some 11 per cent of Victoria’s workforce.
Why is the Act important? There is a plethora of economic and social research evidence that demonstrates the problems of gender inequality. There is currently a 10.7 per cent gender pay gap across the Victorian public sector. As one of Victoria’s largest employers, the public sector must lead by example and address the systemic drivers of gender inequality within the workforce. KPMG analysed the components contributing to the gender pay gap in Australia in their She’s Price(d)less Report on the economics of the gender pay gap in 2019. Their results showed that the most significant component contributing to the gender pay gap in Australia continues to be gender discrimination, accounting for 39 per cent. This is conscious and unconscious bias against women in the workforce.
Taking time out to have babies is an important contributor to the pay gap at 25 per cent, but it is blitzed by gender discrimination. Importantly, as KPMG noted, gender discrimination and stereotyped gender norms also influence the other factors that drive the gender pay gap – such as industrial and occupational segregation, which together contribute to 17 per cent of the gender pay gap. This is why it is very important to target gender discrimination through legislation that really has teeth, such as the Gender Equality Act. Every organisation covered by the Gender Equality Act will be required to publish their data on inequality and demonstrate they are making reasonable and measurable progress in addressing this. When each organisation is transparent about where they need to improve, it means their staff, my office and the broader community will be able to hold them to account.
What do you see as the main reasons for the Act? The Act will address the drivers of gender inequality. It will increase workforce participation rates – including by reducing discrimination experienced by carers and parents and increasing flexible work arrangements. It will increase women’s economic security – including by addressing the gender pay gap, gendered segregation in the workforce, and structural inequalities preventing women from accessing leadership positions. It will improve health and wellbeing outcomes – including by reducing rates of sexual harassment in the workplace, and improving access to flexible working arrangements, appropriate return-towork arrangements and family violence leave. There will be economic outcomes such as increased GDP and economic productivity through addressing workforce participation, the gender pay gap, and increasing retention. Public policies, programs and services will be more effective and efficient as a result of designing and reviewing them with the needs of all community members in mind.
Women make up 68 per cent of the public sector workforce, but they are significantly over-represented in lower paid roles. Even in leadership positions, the gender pay gap persists for women in the public sector.
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LGPRO PROFILE WINTER 2021
