Untitled document

Equal Opportunity Amendment (Family Responsibilities) Act 2008

No. 1 of 2008

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Objectives

5Definitions

6Meaning of discrimination

7New section 13A inserted

13AEmployer must accommodate responsibilities as
parent or carer of person offered employment

8New section 14A inserted

14AEmployer must accommodate employee's
responsibilities as parent or carer

9New section 15A inserted

15APrincipal must accommodate contract worker's responsibilities as parent or carer

10New section 31A inserted

31AFirm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner

11Repeal of Act

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EndnoteS

Equal Opportunity Amendment (Family Responsibilities) Act 2008

No. 1 of 2008

[Assented to 11 February 2008]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Equal Opportunity Act 1995 to expand the range of what constitutes discrimination against parents or carers in employment or employment-related areas.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 September 2008, it comes into operation on that day.

3Principal Act

In this Act, the Equal Opportunity Act 1995 is called the Principal Act.

4Objectives

In section 3(b) of the Principal Act omit "by prohibiting discrimination on the basis of various attributes".

5Definitions

Insert the following definition in section 4(1) of the Principal Act—

"work arrangements means—

(a)in the case of a person offered employment, arrangements—

(i)that would apply to the person as an employee; or

(ii)applying to the workplace; or

(b)in the case of an employee, arrangements applying to the employee or the workplace; or

(c)in the case of a contract worker (within the meaning of section 15), arrangements applying to the contract worker or the workplace of the principal (within the meaning of that section); or

(d)in the case of a person invited to become a partner, arrangements—

(i)that would apply to the person as a partner; or

(ii)applying to the firm's workplace; or

(e)in the case of a partner, arrangements applying to the partner or the firm's workplace.".

6Meaning of discrimination

In section 7(1) of the Principal Act, after "attribute" insert "or a contravention of section 13A, 14A, 15A, 31A, 51 or 52".

7New section 13A inserted

After section 13 of the Principal Act insert—

"13A   Employer must accommodate responsibilities as parent or carer of person offered employment

(1)An employer must not, in relation to the work arrangements of a person offered employment, unreasonably refuse to accommodate the responsibilities that the person has as a parent or carer.

Example

An employer may be able to accommodate a person's responsibilities as a parent or carer by offering work on the basis that the person could work additional daily hours to provide for a shorter working week or occasionally work from home.

(2)In determining whether an employer unreasonably refuses to accommodate the responsibilities that a person has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the person's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the role that is on offer ; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the employer; and

(e)the size and nature of the workplace and the employer's business; and

(f)the effect on the workplace and the employer's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the employer of making such accommodation; and

(h)the consequences for the person of not making such accommodation.".

8New section 14A inserted

After section 14 of the Principal Act insert—

"14A   Employer must accommodate employee's responsibilities as parent or carer

(1)An employer must not, in relation to the work arrangements of an employee, unreasonably refuse to accommodate the responsibilities that the employee has as a parent or carer.

Example

An employer may be able to accommodate an employee's responsibilities as a parent or carer by allowing the employee to work from home on a Wednesday morning or have a later start time on a Wednesday or, if the employee works on a part-time basis, by rescheduling a regular staff meeting so that the employee can attend.

(2)In determining whether an employer unreasonably refuses to accommodate the responsibilities that an employee has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the employee's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the employee's role; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the employer; and

(e)the size and nature of the workplace and the employer's business; and

(f)the effect on the workplace and the employer's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the employer of making such accommodation; and

(h)the consequences for the employee of not making such accommodation.".

9New section 15A inserted

After section 15 of the Principal Act insert—

"15A   Principal must accommodate contract worker's responsibilities as parent or carer

(1)A principal must not, in relation to the work arrangements of a contract worker, unreasonably refuse to accommodate the responsibilities that the contract worker has as a parent or carer.

Example

A principal may be able to accommodate a contract worker's responsibilities as a parent or carer by allowing the contract worker to have flexible start, finish or break times.

(2)In determining whether a principal unreasonably refuses to accommodate the responsibilities that a contract worker has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the contract worker's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the work contracted for ; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the principal; and

(e)the size and nature of the workplace and the principal's business; and

(f)the effect on the workplace and the principal's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the principal of making such accommodation; and

(h)the consequences for the contract worker of not making such accommodation.

(3)In this section contract worker and principal have the same meanings as in section 15.".

10New section 31A inserted

After section 31 of the Principal Act insert—

"31A   Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner

(1)A firm comprising 5 or more partners must not, in the work arrangements of a person invited to become a partner or of a partner, unreasonably refuse to accommodate the responsibilities that the person or partner has as a parent or carer.

Example

A firm may be able to accommodate the responsibilities that a person or partner has as a parent or carer by allowing the person or partner to have flexible attendance arrangements.

(2)In determining whether a firm unreasonably refuses to accommodate the responsibilities that a person or partner has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the circumstances of the person or partner, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the partnership role ; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the firm; and

(e)the size and nature of the workplace and the firm's business; and

(f)the effect on the workplace and the firm's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the firm of making such accommodation; and

(h)the consequences for the person or partner of not making such accommodation.".

11Repeal of Act

This Act is repealed on 1 September 2009.

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 11 October 2007

Legislative Council: 1 November 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Equal Opportunity Act 1995 to expand the range of what constitutes discrimination against parents or carers in employment or employment-related areas and for other purposes."