MANAGEMENT PLAN Equal Employment Opportunity & Workforce Diversity Final Version: 1.0 Identifier CCS 5.1.7 Policy Section: HR Management Date Adopted: 8 November 2012 Review Date: November 2015 Author: Pam Frost Senior Advisor HR Review Officer: General Manager Corporate & Community Services
EEO Management Plan CONTENTS 1. INTRODUCTION... 1 1.1 Target Groups... 1 2. PURPOSE... 1 3. SCOPE... 2 4. DEFINITIONS... 2 4.1 Unlawful discrimination... 2 4.2 Harassment... 2 4.3 Diversity... 2 4.4 Direct and Indirect Discrimination... 3 5. APPLICATION... 3 6. REFERENCES... 4 7. RESPONSIBILITY AND AUTHORITY... 4 7.1 Merit Principle Reinforced... 4 7.2 Council to give effect to EEO Management Plan... 4 7.3 Employment powers to be exercised having regard to EEO Management Plan... 4 8. EEO INFORMATION IN THE ANNUAL REPORT... 5 9. THE CORPORATE PLAN AND EEO MANAGEMENT PLAN... 5 10. ANNUAL REPORTING... 6 Version 1.0: 08/11/2012
1. INTRODUCTION In accordance with the Local Government Act 2009 and Local Government (Operations) Regulation (2010), Part 6, Tablelands Regional Council is required to develop an Equal Employment Opportunity (EEO) and Workforce Diversity Management Plan. For the purpose of simplification, this will be referred to as the EEO Management Plan. EEO creates employment opportunities and eliminates unfair discrimination, so that all people have access to employment and its benefits (learning and development opportunities, rewards, career progression etc). The EEO Management Plan aims to ensure that Council takes appropriate action to: promote equal employment opportunity for members of target groups in employment matters; and eliminate unlawful discrimination by Council against members of the target groups in employment matters. Council has a commitment in identifying and removing barriers that unfairly discriminate against members of historically disadvantaged groups. This does not interfere with the merit principle in employment matters; it provides opportunities for identified target groups to compete on merit on a level playing field. 1.1 TARGET GROUPS People with a physical, sensory, intellectual or psychiatric disability People who who have migrated to Australia and whose first language is a language other than English, and the children of those people Aboriginal and Torres Strait Islander people Women The EEO Management Plan is developed and reviewed in line with Council s Corporate Plan. 2. PURPOSE Equality of employment opportunity enhances the capacity of Council to achieve its objectives by: (c) improving organisational efficiency and productivity through the selection and employment of the best and most talented people; and fulfilling the social justice obligations of equity and fairness; and increasing the effectiveness of service delivery and decision-making by adopting an employee profile more accurately reflecting the community profile. The purpose of the EEO Management Plan is achieved by Council following the steps set out in the Local Government Act under Local Government (Operations) Regulation (2010), which: enables members of target groups to: compete for recruitment, selection, promotion and transfer in Council; and pursue careers in Council as effectively as people who are not members of the target groups. (c) (d) eliminates unlawful discrimination by Council or its employees against members of the target groups in employment matters; and requires Council to implement its EEO management plan under the Local Government Act under Local Government (Operations) Regulation (2010),; and establishes procedures to monitor compliance with the requirements. Version 1.0: 08/11/2012 1
3. SCOPE The EEO Management Plan applies to all Council employees, whether permanent, temporary, casual or volunteer, elected Councillors, and may also extend to others such as students on work experience, contractors and committee members who are or who may be perceived to be, acting on Council's behalf. 4. DEFINITIONS 4.1 UNLAWFUL DISCRIMINATION Unlawful discrimination means treating a person less favourably because of a particular personal attribute. Under State and Federal legislation, discrimination based on the following attributes is unlawful: Gender Age Sexual preference Relationship or parental status Family responsibilities Race or colour National or ethnic origin Religious belief or activity Political belief or activity Impairment or illness Disability Lawful sexual activity Pregnancy Marital status Breastfeeding needs Trade union activity Association with someone who is treated unfairly because of one of the above; or Other characteristic specified under anti-discrimination or human rights legislation. These attributes are in most cases irrelevant to employment decisions, and it is Council s policy to ensure that they are not taken into account when employment decisions are made. It is also Council policy that no employee be harassed because of any of the above attributes. 4.2 HARASSMENT Unlawful harassment is any behaviour, which is based on one of the above attributes, and which is unwelcome, offends, and humiliates the person being harassed. The fact that no offence was intended does not mean the harassment is not unlawful. 4.3 DIVERSITY Diversity in the workplace is about recognising and allowing all employees to contribute their knowledge, skills and abilities to the workplace. Diversity in the workplace is about ensuring effective outcomes for business and individuals by recognising and capitalising on the opportunities a diverse workforce brings. Version 1.0: 08/11/2012 2
4.4 DIRECT AND INDIRECT DISCRIMINATION Direct discrimination is treating a person less favourably than another person in the same or similar circumstances. Indirect discrimination is a requirement, condition or policy that appears to be neutral but has a negative impact on a particular group. 5. APPLICATION Council must take the following steps in developing and reviewing its EEO Management Plan on an ongoing basis: Step 1 Issue policy statement and keep employees informed Inform employees of Council s EEO Policy and the results of monitoring and evaluating the implementation of our EEO Management Plan under Step 8. Step 2 Nominate person to have EEO responsibility The responsibility for the development, implementation and continuous review of the EEO Management Plan will reside with the Manager Human Resources. Step 3 Consult with trade unions Consultation with the unions that have members who are, or will be, affected by the EEO management about the development and implementation of the plan. Consultation will occur through the TRC Consultative Committee, formed under the Certified Agreement. Step 4 Consult with employees Consultation with Council s employees, particularly employees who are members of the target groups, about the development and implementation of the EEO Management Plan. Where appropriate and possible, consultative working groups will be formed for target groups to provide ongoing engagement and consultation in developing strategies and reviewing achievements. Step 5 Collect statistics Human Resources will collect and record statistics and related information about the number of employees who are members of the target groups and the salary stream and level of the employment. Step 6 Review policies and practices Council will review its policies and practices about employment matters to identify: patterns (including patterns identified statistically) of inequality of opportunity for members of the target groups; and policies or practices unlawfully discriminating against members of the target groups. Step 7 Set objectives and implementation strategy The Human Resources Group will set qualitative and quantitative objectives consistent with the purposes of the Local Government Act (2009), Qld, under Local Government (Operations) Regulation (2010) and utilise continuous improvement principles for implementing the EEO Management Plan to achieve the objectives. Step 8 Assess implementation Human Resources Group will monitor and evaluate the implementation of the EEO Management Plan to assess whether the objectives have been achieved and report to the CEO. Version 1.0: 08/11/2012 3
6. REFERENCES This EEO Management Plan complies with the Local Government Act (2009), under Local Government (Operations) Regulation (2010), Part 6 and refers to the following Acts and Legislation: Age Discrimination Act (2004) Anti-discrimination Act (1991), Qld Human Rights and Equal Opportunity Commission Act (1986) Sex Discrimination Act (1984) Racial Discrimination Act (1975) Disabilities Services Act (1992), Qld Workplace Gender Equality Act 2012 Federal and State legislation requires Council and its employees to provide access and service that is free of discrimination. 7. RESPONSIBILITY AND AUTHORITY All employees have a responsibility for treating each other fairly and with respect. Managers, supervisors and employees all have a role to play in implementing the EEO Management Plan. Managers and supervisors must ensure that they do not discriminate against or harass employees, clients or customers when performing their jobs. If they observe discrimination or harassment happening they should take appropriate steps to stop it. Individual employees must also ensure that they do not discriminate against or harass other employees, customers or clients. To ensure Council s EEO Management Plan is properly implemented, the Manager Human Resources has been appointed with the responsibility to develop, implement and continuously review the EEO Management Plan. This will include making recommendations to the Chief Executive Officer on strategies and actions necessary to address EEO issues. 7.1 MERIT PRINCIPLE REINFORCED In line with Section 123 of the Local Government (Operations) Regulation (2010) nothing in the EEO Management Plan is to be taken to require an action incompatible with the principle that recruitment, selection, promotion and transfer are to be dealt with on the basis of merit.. 7.2 COUNCIL TO GIVE EFFECT TO EEO MANAGEMENT PLAN Council must take any action necessary to implement its EEO Management Plan. (Section 127 Local Government (Operations) Regulation (2010)) 7.3 EMPLOYMENT POWERS TO BE EXERCISED HAVING REGARD TO EEO MANAGEMENT PLAN A person who exercises powers relating to employment matters in Council must have regard to Council s EEO Management Plan in exercising the powers. All staff involved in the recruitment and selection process will undergo EEO training (Section 128 Local Government (Operations) Regulation (2010)). Version 1.0: 08/11/2012 4
8. EEO INFORMATION IN THE ANNUAL REPORT Tablelands Regional Council is committed to ensuring that all employees are afforded equal employment opportunity (EEO). This means that all employees are treated fairly and equally when employment matters are made and that unlawful discrimination does not take place. Council aims to provide an environment that fosters good working relationships and, in doing so, will report annually on our activities with regard to implementing the EEO Management Plan. Council will provide: statistics about the number of employees who are members of the target groups and the salary stream and level of the employees; information about consultation with the following groups and the outcome of the consultation trade unions that have members who are, or will be, affected by the EEO Management Plan; Council s employees, particularly employees who are members of the target groups; information about activities undertaken by Council during the past year to eliminate unlawful discrimination against, or harassment of, Council s employees; information about Council s forward plan for the implementation of its EEO Management Plan for the next financial year; information about any other activities undertaken by Council to create a positive work environment for our employees. 9. THE CORPORATE PLAN AND EEO MANAGEMENT PLAN Effective representation will be achieved through a workforce that closely reflects the diversity of the community. Therefore Council s EEO policy states a commitment to achieving this approach. When we apply the principles of equity and access and social justice that underpin the legislation in this area, then Council is better representative of the broader community. The EEO Management Plan will: Improve organisational efficiency and productivity by recruiting and selecting the best and most talented people based on the merit principle of employment Fulfil social justice obligations of equity and fairness by basing equity and fairness on the idea that all people should be able to compete for employment on the basis of ability to do the job Increase the effectiveness of service delivery and decision making by adopting an employee profile more accurately reflecting the community profile Version 1.0: 08/11/2012 5
10. ANNUAL REPORTING In the normal course of the day-to-day operations, Council will ensure it keeps statistics and records relating to EEO. Much of this data is collected and updated not just for Council s management purposes, but also for reporting back to the other spheres of government such as funding or regulatory bodies. The results of the annual review of EEO records and statistics will be made available to all management, employees, and unions representing employees. The Manager Human Resources will ensure relevant groups are consulted and involved in the continuous assessment and reporting of EEO statistics. 11. REVIEW It is the responsibility of the Manager Human Resources to monitor the adequacy of this plan and recommend appropriate changes. Version 1.0: 08/11/2012 6