ࡱ> jli _bjbj !jjiV&#l^^^^(((<0008h$L<+h"G+I+I+I+I+I+I+$0- P/Hm+(m+g^vT+ggg^((G+gG+gg;$)((* 0 <0?j**T+0+*//*g<<^^((Paid Work and Family Responsibilities Submission INTRODUCTION The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) is an organisation registered under the Workplace Relations Act representing over 25,000 professional engineers, scientists, veterinarians, surveyors, architects, pharmacists, information technology professionals, managers and transport professionals throughout Australia. We are the only industrial association representing exclusively the industrial and professional interests of these groups. This membership includes approximately 3,200 professional women drawn from these professions and participating in an active Professional Womens Network. It is recognised that balancing work and family is not a gender issue, but that its impact disproportionately affects professional women. We also represent approximately 20,000 university students, the future of the professional workforce in Australia who look to us to create workplaces to meet their career and personal aspirations. Each year APESMA undertakes comprehensive member surveys. This data and additional data from a survey of all professional women members is gathered together in the APESMA Women in the Professional Survey Report 2004 We thank you for the opportunity to present specific observations, concerns and recommendations on balancing work and family for professionals and outline our submission below. 19. ARE FERTILITY RATES SENSITIVE TO SOCIAL AND ECONOMIC CONDITIONS AND IF SO, WHAT SPECIFIC CONDITIONS AND HOW SENSITIVE ARE THEY TO CHANGED CONDITIONS? In 2004 APESMA conducted a survey of its women members. 69% of respondents did not have children. This result is similar to past APESMA survey findings and is significantly higher than the ABS estimate that 1 in 4 women are likely to remain childless. Professional women are greatly affected by disincentives to starting families. Aspirations to have children do not vary with educational status as shown by recent research by the Australia Institute of Family Studies. This research demonstrated that just over 80% of childless women aged 20-29 want to have children but that patterns of expectation and achievement show that professional women are less likely than professional men or lesser educated women to fulfil this desire. This is supported by Australian Bureau of Statistics findings that women with a bachelor degree or higher are most likely to be childless, due in part to deferment of pregnancy to concentrate on education and career.  The very high proportion of childless female professionals found in the APESMA surveys also reflects the reality that professional women with children are leaving the workforce or reducing their level of workforce participation due to family responsibilities and are therefore less likely to be Association members. What is revealed then, is a complex picture of deferment of pregnancy, childlessness and women exiting from professions. Yet the APESMA Women in the Professions Survey Report 2004 also takes our understanding further, as the number of women with children varies by profession. In community pharmacy, where there is ready access to part-time work, flexible hours and the industry is highly regulated, female dominated and without extensive and competitive career paths, 59.3% of the survey respondents have children. In comparison only 31.3% of information technology respondents have children (and the respondents share the median age of 41 years with Pharmacists). So, whilst the APESMA survey reinforces the message that in general professional women are not having children in line with their aspirations, it also identifies that in some professions women are better able to manage work and family responsibilities. 31. HOW CAN AUSTRALIAN WORKPLACES BE MADE MORE FAMILY-FRIENDLY? There are a number of important aspects to this question. Firstly, the lack of part-time working arrangements available in the workplace. In addition, the difficulties faced by parents returning to paid workforce. Furthermore, the excessive hours of work expected by employers, moreover, changes to the industrial relations system and finally, the issue of child care availability. Background In the 1970s and 1980s Government gave resources and support to initiatives to encourage women to study technology and the sciences. In male dominated professions such as engineering this lead to a gradual increase in the number of female students so that for the last decade their numbers approximated 15% of all engineering students. However, the percentage of women working in engineering has lagged and today is still only around 8%.  In the technology professions, the exit of parents from the workforce exacerbates the current skills shortage with a high economic and social cost. The loss of career opportunities to these individuals also takes a high personal toll. The APESMA Member Satisfaction Survey Report 2004 found that professionals rate work life balance as one of the most important issues facing professionals, with 51.4% of all respondents identifying work life balance as very important in 2004. 60% of female respondents to the 2004 APESMA Women in the Professions Survey thought the most important issue facing professional women was access to flexible work arrangements, followed closely by career development and training, at 57.6%. 45.8% expressed a preference to be working fewer hours. 36.8% perceived workplace culture as the major obstacle to their career. Part-time work According to the APESMA Women in the Professions Survey Report 2004, 12.3% of women members surveyed worked part-time, despite their desire for more accommodating working arrangements. However, access to part-time work varies considerably with professions. 32.5% of women and 16.6% of men in community pharmacy worked part-time in comparison with engineering where part-time work is scarce, with 2.1% of women and 0.8% of men working part-time. Furthermore, according to the APESMA Women in the Professions Survey Report 2004, 17.5% of full-time respondents indicated that they were working more hours than compared with a year earlier. Yet the women APESMA surveyed want to work fewer hours and are more likely to work part-time where such work is available. Focus groups and member feedback in the professions where part-time work is uncommon have indicated fears that part-time work would not be accepted in the workplace, would not be available in a meaningful role and would have an adverse effect upon their career. Yet in those same professions there are cases where part-time work has been successfully implemented. Lack of access to part-time work in such professions has not been caused by any industrial or legal limitation, but by culture, custom and practice. This is also reflected in the predominance of professional development opportunities being based upon full time workplace participation. The lack of available part-time positions in many of the professions directly impacts upon the capacity of parents, and women in particular to balance work and family. The availability of part-time work to workforce re-entry and to keep professionals with family responsibilities in the workforce cannot be overstated. The right to return to work part-time following parental leave has recently been recognised by the Australian Industrial Relations Commission in its Family Provisions Decision. This decision and its impact is discussed later in this submission. However, in the context of an increase in part-time opportunities the creation of a new workplace right is a significant step. Making it Easier for Parents to Return to the Paid Workforce Limitations on the capacity of professionals to return to meaningful roles following a break due to family responsibilities are significant. Considerable anxiety is expressed by professionals about becoming out of date and unemployable, with a consequent loss of confidence. Structures that handle job seekers aim to fill vacancies with the best applicant and those who may need training and support on re-entry to the workforce are often overlooked. For professionals, this regularly extends the length of time out of the workforce and leads to eventual re-entry into roles where the individuals skills knowledge and experience are underutilised. There are a variety of programs now available that aim to support workforce re-entry and fewer that seek to upgrade skills of those that are under-employed. APESMA's experience is that the most successful programs are those that are based upon a Government and industry partnership and where retraining, work experience, work ready skills and job placement are integrated to provide a holistic program to meet the needs to individuals and of industry. Such programs are attractive to those who have had family related career breaks and those whose careers have been disrupted for various reasons. With skills shortages becoming apparent in the technology based professions there are opportunities for programs to rapidly reintroduce professionals into the areas of greatest shortage with significant returns for the individuals, industry and the economy. Government and industry must work together to identify areas of need where the opportunity for successful holistic program of workforce re-integration are greatest, with Government funding available to support such initiatives. Conditions of Work / Workplace Regulation APESMA supports the activities of the ACTU to provide family friendly conditions of work. In this regard the recent Family Provisions decision of the Australian Industrial Relations Commission is of great importance. Family Provisions Decision This decision was a test case that will provide a capacity to request extensions to parental leave and to return from parental leave on a part-time basis. The clause is as set out hereunder: P. Right to request P.1 An employee entitled to parental leave pursuant to the provisions of clause [ ] may request the employer to allow the employee: P.1.1 to extend the period of simultaneous unpaid parental leave provided for in clause[ ] up to a maximum of eight weeks; P.1.2 to extend the period of unpaid parental leave provided for in clause [ ] by a further continuous period of leave not exceeding 12 months; P.1.3 to return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities. P.2 The employer shall consider the request having regard to the employees circumstances and, provided the request is genuinely based on the employees parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employers business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. The new provisions contained in the above clause represent significant improvements in the minimum terms and conditions to apply across the community. Whilst this decision only goes part way to providing the type of work flexibility that parents need, we are concerned that these improvements are not lost as a result of the Federal Governments proposed industrial relations changes. It is APESMAs strong submission that the new provisions that have resulted from the Family Provisions case 2005 should either be retained in a meaningful award system or included in legislation. General Employment Conditions Members suggestions for improvements to terms and conditions of employment are many and varied, including items such as longer paid parental leave, longer annual leave, the ability to use annual leave as carers leave, 2 years parental leave, job share and 48/52 (and other fractional arrangements) just to name a few. At present APESMA has the capacity to bargain for improved conditions for our members (only a proportion of the professional community), and of our members only 40% have collective agreements in place. An enhanced safety net of family friendly terms and conditions of employment that has equal application across the community is necessary. We recognise the excellent work done by the EOWA in promoting the initiatives of leading employers to promote equity, diversity and family friendly workplaces. This reflects substantial good will from employers. However many organisations are yet to make this journey. The EOWA annual returns required for employers with workforces over 100 do not require substantial workplace change. Working Hours In July 2002 a Full Bench of the Australian Industrial Relations Commission brought down its decision in what was known as the Working Hours Case. This decision was significant in that for the first time through the award system employees were now given a qualified right to refuse to work unreasonable overtime. The standard clause as determined by the commission is set out hereunder: 1. Reasonable Hours of Work 1.1 An employer must not require an employee to work unreasonable hours of work. 1.2 Without limiting the generality of paragraph 1.1, the following are to be considered in determining what are unreasonable hours of work: (a) the total number of hours that exceed the ordinary, or in the case of part-time workers the agreed hours of work; (b) the total number of hours worked on any particular day or shift; (c) the total number of hours worked over an extended period. (d) the number of hours worked without a break; (e) the time off between shifts; (f) the risk of fatigue; (g) the remuneration received for excess hours worked; (h) the rostering arrangements; (I) the extent of night work; (j) an employees workload; (k) work intensification resulting from understaffing, and the ability of workers to meet targets while working reasonable daily hours; (l) the time required to achieve remuneration in accordance with performance based pay schemes; (m) the exposure to occupational health and safety hazards; (n) an employees social and community life; or (o) an employees family responsibilities. As professional and managerial employees work large amounts of overtime, much of which is often unpaid, APESMA had been actively involved in the ACTUs conduct of the case through the presentation of evidence and witnesses. The outcome, while only prescribing a qualified right to refuse to work unreasonable overtime can facilitate discussion of working hours at the individual workplace level and can also assist in promoting a culture change. As with the Family Provisions decision, the Association strongly believes that if these outcomes cannot be protected through the industrial relations system then there is a strong imperative that they are included in legislation. Industrial Relations Changes We are gravely concerned about the impact of the Commonwealth Governments proposed industrial relations changes on working families. At present many of the terms and conditions that support families in the workplace are found in awards and enterprise agreements. A reduction in the scope, role or content of awards and enterprise agreements could undermine the application of already accepted standards. This approach underestimates the lack of bargaining power of the individual without ready access to regulatory information. For example only 48.8% of respondents to the APESMA Women in the Professions Survey were aware that their employer provided parental leave when this is a well known statutory entitlement. Our earlier comments also demonstrate the difficulties with workplace culture and in discouraging work and family balance and indeed even family formation. Professionals with family responsibilities are insufficiently supported and empowered and are vulnerable in a more deregulated work environment. We seek ongoing support of the award and enterprise agreement safety net to support working families. Should this not occur we seek the passage of legislation to enshrine a basic raft of terms and conditions of employment that directly impact upon the wellbeing of working families. Childcare The capacity to access affordable childcare is an important determinant of whether professionals will have children and when they do so or whether they will return to the workforce. Member feedback demonstrates considerable anxiety about childcare shortages. Some professionals are deferring returning to work due to a lack of childcare places. Others are accepting a place when it is available, whether or not they are ready to return to work, due to the fear of losing the place. Difficulties are also encountered due to limited times of opening of childcare facilities and the tight rules around the childcare absences allowable in order to retain Government rebates. Shortages and inflexibility in childcare undermine parents capacity to plan, shape and manage the work and family balance and place ongoing limitations on work flexibility. Additional Government funding is necessary to increase the number of childcare places. A national review of childcare provision is necessary to ensure that childcare meets the needs of working families. APESMA believes that there are a number of initiatives that make workplaces family friendly, so that we can effectively embrace the skills and capabilities of working parents. Professionals seek meaningful work roles in a supportive work environment that offers the flexibility and hours of work to enable them to enjoy their personal and family lives. 36. WHAT ARE THE BARRIERS TO CHANGING ATTITUDES TOWARDS A MORE EQUAL DIVISION OF PAID WORK AND FAMILY RESPONSIBILITIES? Engineering and technical fields, where the majority of APESMA members work, are still male dominated environments. Consequently, many workplaces are female and family unfriendly.  Women are more dissatisfied with their work environment than their male counterparts, in particular, concerning their opportunities for promotion, recognition and rewards.  Discrimination, paternalism and harassment are rife, and women are further disadvantaged by negative perceptions about their abilities and commitment to engineering. Many engineering companies have underlying values that are unfriendly and even hostile towards women because they are based on male priorities, values and life choices. Such working practices include an assumption that a demonstrable commitment to the organisation is through working long hours and sacrificing family and leisure time. Women are viewed as less committed than men to their career, despite research proving that women value their engineering career as much as men do. There is evidence that engineering mothers may hold back from applying for promotion, knowing that their family needs would count against them. Women reported that their opportunities for interesting work and promotion reduced when they became pregnant, whist women without children also suffered from discrimination, based on an assumption that they will inevitably have children. Women are disadvantaged within the engineering and technological culture, which is characterised by the dominance of male attitudes and values and does not recognise womens differing responsibilities and life style choices. These attitudes urgently need to be addressed in order that workplaces can provide a better balance between paid work and family for women. However, engineering in particular is currently suffering from a skills shortage. It is imperative that attitudes change in regards womens place in the workplace together with their family responsibilities as one important factor in addressing this problem. We are currently facing a situation where well qualified and experienced women are leaving the profession because they consider they have to choose between their work life and their family. Instead of having such a narrow choice, we should instead embrace policies that would lead to more flexible working conditions for women, whilst also helping overcome the gross shortage of engineers that is required in Australia. 39. HOW CAN WORKPLACE CULTURES BE ENCOURAGED TO CHANGE TO PROMOTE A BETTER BALANCE BETWEEN PAID WORK AND FAMILY RESPONSIBILITIES? First and foremost, there needs to be a fundamental shift at all levels about attitudes towards professional women who work within the technological and engineering fields. Currently they are faced with an out dated work environment that is both female and family unfriendly. There a very few opportunities for meaningful part-time work, they are not viewed as committed to their work and are often overlooked for promotions once they have a family or reach a child-rearing age. Policies and programs need to be developed that promote cultural change at both an organisational and individual level. Womens issues need to become part of mainstream policies and processes. These initiatives are imperative both in terms of women having successful careers as well as trying to address the skills shortages in these sectors. CONCLUSION The current systems have led to improvements, but these improvements have fallen well short of meeting the needs of working families. Professionals working in long hours cultures, with little access to part-time work and without high levels of collective representation are particularly vulnerable. An increased commitment to working families is needed from the Australian Government. Innovative leadership in the areas of childcare, part-time work, hours of work, conditions of work and re-skilling and workforce re-entry would make a substantial contribution to the future and wellbeing of all Australians. Should this leadership not occur, in an environment of workplace deregulation the needs of Australian families in the workplace and in particular professionals with families in the workplace will be at greater risk. On behalf of APESMA, this submission was prepared by: Michael Butler, Jackie Wise and Erin Wood ENDNOTES     PAGE  PAGE 12  Women in the Professions Survey Report 2004, Association of Professional Engineers, Scientists and Managers Australia.  Women in the Professions Survey Report 2002 and Women in the Professions Survey Report 2000, Association of Professional Engineers, Scientists and Managers, Australia and Social Trends 2002: Family Family Formation: Trends in Childlessness, Australian Bureau of Statistics.  Its Not for Lack of Wanting Kids: A Report on the Fertility Decision Making Project, Ruth Weston, Lixia Qu, Robyn Parker and Michael Alexander, Australian Institute of Family Studies, 2004 and Social Trends 2002, ibid.  ibid.  Higher Education Statistics Collections, Department of Education, Science and Training and Professional Engineers Remuneration Survey Report, Association of Professional Engineers, Scientists and Managers, Australia, December 2004.  Member Satisfaction Survey Report 2004, Association of Professional Engineers, Scientists and Managers Australia.  Women in the Professions Survey Report 2004, ibid.  Women in the Professions Survey Report 2004, ibid.  ibid.  ibid.  ibid.  Counting the Losses The Careers Review of Engineering Women, Pam Roberts and Mary Ayre, Engineers Australia, February 2002.  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