workplace rights for workers experiencing domestic violence

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• workplace rights for workers experiencing
  domestic violence

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Current victims of violence

• The Australian Government initiated research to
  implement the first comprehensive National Plan
  Against Violence Toward Women and Their Children.
  It found
• Australian womens worst commonality (more than
  breast or ovarian cancer) is the experience of
  violence.
• Research indicates that intimate partner violence
  is responsible for more ill health and premature
  death among women aged under 45 than any of the
  better known risks, including high blood
  pressure, obesity and smoking.
• According to the Australian Bureau of Statistics,
  one in three Australian women will report being a
  victim of physical violence and almost one in
  five will report being a victim of sexual
  violence in their lifetime.

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Current victims of violence

• This is, approximately 350,000 women in Australia
  will experience physical violence and 125,000
  women will experience sexual violence each year.
• (Compared with 12,000 new cases of breast cancer
  a year)
• There is a huge need to shift community
  attitudes
• The National Crime Prevention Survey in 2001
  found that one in seven teenage boys thought it
  was acceptable to force a girl have sex with them
  if she had flirted with them.
• Without concerted effort, each year violence
  against women is estimated to cost the Australian
  economy more than 13 billion.

Over 3 times the capacity of the MCG
1.5 times estimated Asian tsunami
deaths (higher than official confirmed numbers)

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Why should domestic violence be on the union
agenda?

• Two thirds of Australian women who report
  violence by a current partner are in paid
  employment

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Why should domestic violence be on the union
agenda?

• 10 of working women
• Prevents them going to work
• 50 and 74 harassed by their partners at work
• The most common way is by phone or email
• Can affect other co-workers

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What is domestic violence ?

• Intimate and family relationships
• Mostly the perpetrators of domestic violence are
  men towards women
• Physical and sexual violence, threats and
  intimidation, emotional and social abuse and
  economic deprivation.
• Control
• Continues after end of relationship
• 98 are men http//www.fahcsia.gov.au/sa/women/pu
  bs/violence/cost_violence_economy_2004/
• Documents/cost_of_dv_to_australian_economy_i.pdf
  (p.vi)

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Workplaces are asked to

•  
• RECOGNISE-
• RESPOND-
• REFER

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Workplaces are asked to

• recognise when domestic violence is impacting on
  a member of staff
• respond appropriately according to the workplace
  entitlements and policies
• know when and how to refer to a local domestic
  violence service.

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Consequences
Without intervention support

• more disrupted work history
• on lower personal incomes
• employed at higher levels in casual and part-time
  work than women with no experience of violence

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A victims best chance

• Being in employment is a key pathway to leaving a
  violent relationship

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the workplace can be

• The Aust. Domestic Family Violence
  Clearinghouse is working with employers and
  unions to ensure workplaces are
• a critical source of support and protection
• where women feel safe to disclose so they can
  stay in the job
• their best bet of removing themselves from a
  violent relationship.
•  

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TRAINING

• Fundamentally, (like with any other change like
  sexual harassment) workplaces will need training
  to understand domestic violence prevention
• in the workplace
• legal rights and local support services
• barriers

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Model domestic violence clauses

•  What is desirable
• Paid domestic violence leave (20 days paid is
  international best practice)
• Consecutive, single or fraction of days
• Without prior approval
• Confidentiality - no information will be kept on
• an employees personnel file without their
  express written permission

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Model domestic violence clauses

•  What is desirable continued
• Proof of domestic violence can be provided via
  Police Service, Court, Domestic Violence Service,
  Doctor, Lawyer
• No adverse action will be taken against an
  employee if their attendance or performance at
  work suffers as a result of experiencing domestic
  violence.
• Workplace Safety Plans are completed to Assess
• Workforce-Workplace-Individual
• Screening-security-emergency
• The nature if work and work patterns higher-risk
  times for victims are arriving and leaving work
• How could the workplace be safer?
• high risk times for exposure to domestic
  violence are
• during pregnancy and post-separation

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Model domestic violence clauses

• Other safety measures include
• Ability to screen calls and emails,
• Train workers to not reveal information to others
  such as location and movements of protected
  worker
• Personal safety alarms, panic buttons at counters
• Ensure protection orders include workplace
• Provide security staff with photo of ex-partner
• Create accountability measures for the abusers if
  they work in the organization

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Issues for Consideration

• Unions recognise culture change has
• its difficulties
• Some view violence as a personal matter not to be
  intervened in.
• Others might think its too big and too hard
• There may be resentment by others of an
  under-performing colleague
• Both partners may be in the same workplace
• The AEU however, has a better basis for tackling
  issues of culture change as
• weve done so in classrooms for decades,
  particularly when responding to and
• training members in, gender equity strategies and
  sexual harassment for
• example. There is a place and a capacity for
  Principals and educators to be proactive in
  appropriately supporting victims of domestic
  violence.

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AEU Considerations

• Confidentiality DETs and TAFE institutes HR
  processes may offer some privacy and protection.
  The balance needs to be found between the right
  to confidentiality and the need for a safe
  workplace for all staff. Workers need only
  disclose what they feel comfortable disclosing.
  The use of payroll numbers rather than names as
  identifiers and dedicated personnel within
  organisations that deal with family/domestic
  violence are being explored as possible
  solutions.
• Mandatory reporting it will need to be made
  clear how workplaces respond to the knowledge
  that an employees children may be experiencing
  or witnessing the violence being reported and
  hence may trigger a mandatory report.
• Training- Training developed as a model by the
  ADVC is based on two separate phases. 1 hour to
  explain why family violence is an issue and how
  the clause will work (basic safety planning). The
  2nd is a 3-hour session for employees likely to
  be closely involved in
• applying the new policy/clauses to gain a more
  in-depth understanding of responding
• to family/domestic violence. Ideally, the AEU
  might similar training to union
• reps as well as Principals.

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AEU Considerations cont.

• National Plan to Reduce Violence against Women
  released February 2011 http//www.fahcsia.gov.au/s
  a/women/progserv/violence/nationalplan/Pages/defau
  lt.aspx was formally endorsed by COAG in February
  2011 and immediately committed to three key
  actions
• Education, through the Respectful Relationships
  program aims to help young people negotiate
  ethical relationships. Strategy 2.1 Build on
  young peoples capacity to develop respectful
  relationships involves working through the
  Australian Curriculum, Assessment and Reporting
  Authority to support the inclusion of Respectful
  Relationships education in phase three of the
  Australian National Curriculum.
• The Line campaign http//www.australia.gov.au/thel
  ine is about giving young people life-long skills
  to work out the boundaries of respectful
  relationships so they can better recognise,
  develop and maintain the sort of relationships
  that value equity and respect at all stages of
  their lives. And that there is never a place for
  abuse or violence in a relationship.
• Establishment of a new national domestic violence
  and sexual assault
• telephone and online crisis service (1800
  RESPECT or 1800 737 732)

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AEU Considerations cont.

• Other initiatives covered in The National Plan
  include
• the Australian Law Reform Commission (ALRC)
  inquiry into the impact of Commonwealth laws on
  those experiencing family violence, including the
  impact of child support and family assistance
  law, immigration law, employment law, social
  security law, superannuation law and privacy
  provisions. The ALRC is due to report to the
  Attorney-General no later than 30 November 2011
  and will build on the Commissions current
  inquiry on the family law system.
• improve services for victims of domestic violence
  
• new programs to stop perpetrators committing acts
  of violence
• the Personal Safety Survey and National Community
  Attitudes Survey
• the development of a national scheme for domestic
  and family violence orders
• improve sexual assault victims access to justice
• expand counselling services for male victims of
  domestic violence through Mensline.
• For more information on the National Plan and
  Respectful Relationships please see
• http//www.aeufederal.org.au/Publications/AE/Win10
  pp28-30.pdf
• http//www.aeufederal.org.au/Women/index2.html

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Broader union commitment

• The ACTU Womens Committee held a Domestic
  Violence Workshop and
• endorsed a number of principles and advice for
  unions proceeding with
• bargaining for family violence clauses.
• The parameters of advice deal with
• levels of education within the union and the
  workplace,
• the role of delegates and required support for
  them,
• union involvement in broader community
  campaigning against violence, and
• a commitment to work with the Family and Domestic
  Violence Clearing House, to develop resources for
  unions considering options to address domestic
  violence in workplace agreements and
  negotiations.

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Ultimately, its a matter of doing what is right

• This is a prime example of how unions are
  working for a better society and being agents for
  social change
• Ged Kearney, ACTU President 15 April UNSW
• This is a really exciting proposal - and if
  approved, will be the first of its kind in
  Australia. Congratulations to the CPSU and the
  other general staff unions for leading such an
  innovative campaign.
• The Hon. Tanya Plibersek 15 April UNSW
• Further resources and contact details
• http//www.austdvclearinghouse.unsw.edu.au/