Equal Opportunity in Employment and Education Policy

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					   The Association of Superannuation Funds of Australia Ltd (ASFA)
    Equal Opportunity in Employment and Education Policy

1. ASFA’s policy is one of equal opportunity in employment and education. ASFA will
   continue to develop equal opportunity practices and programs compatible with its overall
   goals and responsibilities. The policy supports the principle that staff are selected or
   promoted according to merit.

2. In pursuance of this policy, and in accordance with the objectives of the New South
   Wales Anti-Discrimination Act 1977, and federal anti-discrimination legislation which
   comprises Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the
   Affirmative Action (Equal Opportunity for Women) Act 1986, and the Disability
   Discrimination Act 1992, ASFA will act:

   (i) to eliminate and ensure the absence of direct, systemic and indirect discrimination on
   the grounds of sex, age, compulsory retirement, transgender, marital status, pregnancy or
   potential pregnancy, family responsibilities, race, ethnic origin, sexual preference,
   political or religious belief, intellectual or physical impairment, HIV or AIDS status in
   relation to:
   - access to the educational facilities of ASFA;
   - the recruitment, advancement and conditions of employment of staff;
   - the daily routines of ASFA;

   (ii) to promote equal employment opportunity as an integral part of ASFA’s policies and
   practices;

   (iii) to review and evaluate the progress towards achievement of this equal employment
   opportunity policy;

   (iv) to make necessary adjustments to enable a person with a disability to use his/her
   skills effectively either in the context of education or of employment with ASFA. The
   adjustment required will be determined on the basis of the particular needs of the
   individual.
   (v) to establish procedures for dealing with grievances covered by this policy.

   As well, ASFA’s equal employment and education opportunity policy incorporates
   access and equity considerations in compliance with the NSW Charter of principles
   for a culturally diverse society, and the NSW Charter for equity in education and
   training. These Charters are attached as Appendices 1 and 2.




                   The Association of Superannuation Funds of Australia Limited
    3. Harassment or victimisation of staff or students because of their race, sex, ethnic origin
       or any of the grounds listed above by other ASFA staff members is formally condemned
       by the Board of Directors of ASFA.


    4. Sexual harassment as a form of sex discrimination is unacceptable; it creates an
       offensive, intimidatory or hostile environment, and is contrary to the educational and
       employment policies of ASFA.

    5. ASFA has established a system for the handling of grievances by persons who feel they
       have been discriminated against, or denied equal employment opportunity or fair
       treatment by ASFA.

Anti-Discrimination Act 1977

Part IXA of the NSW Anti-Discrimination Act 1977 establishes equal opportunity programs in
public employment. It also applies to organisations offering higher education..

The objectives of Part IXA are:
to eliminate and ensure the absence of discrimination in employment on the grounds of race
(including colour, nationality, and ethnic or national origin), sex, marital status, homosexuality,
and physical impairment; and
to promote equal employment opportunity for women, members of racial minorities and people
with a physical disability.


Sex Discrimination Act, 1984

The Sex Discrimination Act follows other initiatives by the Commonwealth (the Racial
Discrimination Act 1975 and the Human Rights Commission Act 1981). The Act is administered
by the Human Rights Commission. The Sex Discrimination Commissioner handles complaints
brought under the legislation and works with the Commission.

The objects of this Act are:
•   to give effect to certain provisions of the Convention on the Elimination of All Forms of
    Discrimination Against Women;

•   to eliminate, so far as is possible, discrimination against persons on the grounds of sex,
    marital status or pregnancy in the areas of work, accommodation, education, the provision of
    goods, facilities and services, the disposal of land, the activities of clubs and the
    administration of Commonwealth laws and programs;

•   to eliminate, so far as is possible, discrimination involving sexual harassment in the
    workplace and in educational institutions; and

•   to promote recognition and acceptance within the community of the principle of the equality
    of men and women.

                        The Association of Superannuation Funds of Australia Limited
Affirmative Action (Equal Employment Opportunity for Women) Act,1986 (Commonwealth)
Institutions of higher education are required to develop and implement an affirmative action
program, with action to be taken:
•   to confer responsibility for the development and implementation of the program (including a
    continuous review of the program); to consult with each trade union; to consult with
    employees of the relevant employer, particularly employees who are women;

•   for the collection and recording of statistics and related information concerning employment,
    including the number of employees of either sex and the types of job undertaken by, or job
    classifications of, employees of either sex;

•   to consider policies, and examine practices in relation to employment matters to identify:

•   any policies or practices that constitute discrimination against women; and

•   any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity
    in respect of women.
In pursuance of its policy and in accordance with the objectives of the legislation, ASFA will act:
•   to eliminate and ensure the absence of direct and systemic discrimination on the grounds of
    sex, age, marital status, race, ethnic origin, sexual preference, political or religious belief,
    intellectual or physical impairment, HIV or AIDS status in relation to:

•   access to ASFA’s education and training facilities;

•   the recruitment, advancement and conditions of employment of staff;

•   the daily routines of ASFA;

•   to promote equal employment opportunity as an integral part of ASFA’s policies and
    practices;

•   to review and evaluate the progress towards achievement of this equal employment
    opportunity policy;

•   to establish procedures for dealing with grievances covered by this policy.
Harassment or victimisation of employees or students because of their race, sex, ethnic origin or
any of the grounds contained in this clause by ASFA staff members is formally condemned by
the Board of Directors and Chief Executive of ASFA.

Sexual harassment as a form of sex discrimination is unacceptable; it creates an offensive,
intimidatory or hostile environment, and is contrary to the educational and employment policies
of ASFA.

ASFA aims to:
•   ensure that there is no discrimination against any person or group, in access to employment
       and ASFA facilities;



                         The Association of Superannuation Funds of Australia Limited
•   establish and maintain mechanisms to deal with complaints concerning discrimination and
       sexual harassment;


•   educate staff and students on the general goals and philosophy of equal opportunity, together
      with the rationale for policies and practices which are adopted;


•   cover principles of equal opportunity and means towards its achievement in all training
      programs for staff with management responsibility;

•   encourage disadvantaged individuals to participate in training and staff development
       programs to broaden skills;

•   provide staff and students with information about ASFA’s condemnation of sexual
       harassment and to provide advice and support for those who may be harassed;

•   ensure that all ASFA policies, procedures, and official publications are always in accordance
       with equal opportunity principles;

•   eliminate sexist and other discriminatory language from all ASFA publications and
       discourage the use of such language in published and unpublished material and in the
       speech of its staff.


DEFINITIONS
'Direct Discrimination'
If you treat someone less favourably on any of the following grounds you are discriminating
against them directly:
•   sex,

•   pregnancy;

•   race, colour, nationality, ethnic or ethno-religious background;

•   marital status;

•   physical or intellectual or psychiatric disability, or any organism capable of causing disease;

•   homosexuality; or

•   age.

An example is not giving a job to the best applicant because you think that the person is
homosexual or if they have a foreign accent.

'Indirect Discrimination'
This could occur if ASFA had rules or requirements which applied to everyone but which had
the effect of disadvantaging one group. Basically, ASFA would have to be able to demonstrate
that the requirement is job related, otherwise it could indirectly discriminate against a group and

                        The Association of Superannuation Funds of Australia Limited
be treated as unlawful. For example, minimum height requirements may discriminate against
people from some racial or national backgrounds. If the rule or requirement is reasonable, its
application will not amount to indirect discrimination.

'Aborigine'
An Aborigine is a person of Aboriginal or Torres Strait Islander descent who identifies as an
Aborigine or Torres Strait Islander and is accepted as such by the community with which she or
he is associated.

'Harassment'
It is also unlawful to harass people because of their sex, pregnancy, marital status, race,
homosexuality, or impairment.

'Discrimination on the Basis of Sex or Marital Status'
Consideration of sex and marital status must not be considered in the appointment and promotion
of staff. Exceptions are permissible only if an appointee's sex has an identifiable relevance to
performance and is a genuine occupational qualification.

A person discriminates against another on the ground of their sex or marital status by:


•   treating them less favourably than in identical or similar circumstances they treat or would
    treat a person of the opposite sex or of a different marital status;

•   discriminating against them on the basis of a characteristic that appertains generally to
    persons of that other person's sex or marital status, or a presumed characteristic that is
    generally imputed to persons of that sex or marital status;

•   discriminating against them by reason of the fact that the person does not comply, or is not
    able to comply, with a requirement; and

•   the nature of the requirement is such that a substantially higher proportion of persons of a
    sex or marital status, other than that of the person discriminated against, complies or is able
    to comply with the requirement than those whose sex or marital status is the same as the sex
    or marital status of that person; and

•   the requirement is not reasonable in the circumstances of the case.

ASFA will not be regarded as discriminating against men on the grounds of their sex by reason
only of the fact that it grants to women any rights or privileges in connection with pregnancy or
childbirth .

ASFA, through its Board of Directors and its Chief Executive, is liable for breaches of the Anti-
Discrimination Act. Managers may also be liable if:
•   it is their job to make decisions or undertake activities which relate to an aspect of
    employment and they breach the Act;




                        The Association of Superannuation Funds of Australia Limited
•   they are in a position of authority and tell another staff member to do something which is
    discriminatory, or if they know another staff member is going to do something which is
    discriminatory;

•   discriminatory conduct or harassment is reported to them, as a person in authority and they
    either do nothing about it or do not do enough about it.



Procedures
ASFA has provided that the Company Secretary initially handle all grievances related to Equal
Employment Opportunity. The Company Secretary is responsible to the Chief Executive Officer.

It is the responsibility of each manager and supervisor to attempt to prevent all forms of
discrimination from occurring.


ASFA’s preventative strategy includes the following components:
•   Policy Statement - this statement clearly states that no form of discrimination or harassment
    will be tolerated in the workplace;

•   Education Program - staff development programs which deal with EEO and anti-
      discrimination issues should be provided for all staff;

•   Grievance Handling Procedures - where prevention fails, the grievance handling
      procedures can assist in helping resolve complaints of discrimination quickly and
      confidentially.
Managers must take account of anti-discrimination laws and equal opportunity principles in all
aspects of their work. Not only does this make good legal sense, it also makes good management
sense. There is nothing in the anti-discrimination laws that contradicts principles of merit or
good management. In fact, abiding by anti-discrimination laws and equal opportunity principles
complements and enhances good management. It ensures that we have the greatest choice from
which to make a new appointment and that we maximise the contribution of all staff by giving
everyone a 'fair go'. It also minimises the potential for work disruption and conflict.

Managers must abide by anti-discrimination laws at all stages of the employment process:
•   when drawing up duty statements and seeking the advertising of jobs;

•   during the selection process;

•   when making decisions about anything that affects staff members' terms and conditions of
      employment - for example, when they do such things as:

•   provide or deny training opportunities or study time;

•   recommend or deny a change to from full-time to part-time work;

•   recommend for or against the payment of increments;

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•    conduct performance appraisals or assessments;

•    recommend redeployment;

•    recommend any change in duties; or

•    approve or deny leave applications;

•    recommend the termination of a staff member's employment.

Reasonable adjustment
The concept of 'reasonable adjustment' covers workplace design, including the provision of
equipment and access, and job design. Applying the concept means that, wherever it is
necessary, possible and reasonable to do so, managers should take into account a person's
disability and make appropriate adjustments to the work and studying environment to lessen the
impact of the disability. Many forms of adjustment can be made to the work and study
environment to reduce or eliminate the effects of disabilities and to enable people with
disabilities to participate in training and to have access to career paths.

The extent and type of reasonable adjustment required has to be determined on an individual by
individual basis, not on categories of disability. Such an approach acknowledges that there are
variations between individuals with disabilities as to the degree of disability experienced, as well
as other personal characteristics and factors such as skills, qualifications and career goals.

Anti-Discrimination Board of NSW
Complaints to the Anti-Discrimination Board
It is usually only where a complaint of discrimination is not satisfactorily resolved within
the workplace that a complainant approaches the Anti-Discrimination Board. The Board's
Conciliation Officers always try to encourage a complainant to exhaust internal avenues of
resolution before proceeding with a formal complaint to the Board. If conciliation fails, a
complainant can take a discrimination issue to the Equal Opportunity Tribunal.


For further information, contact the Company Secretary/ Administration and Finance.

ASFA’s Equal Employment Opportunity Policy was updated September 2005.

Appendix 1

New South Wales Charter for equity in education and training
preamble
The New South Wales Government believes that education is the foundation of an informed and
just society, the key to overcoming social inequality and to achieving its social justice objectives.

The New South Wales Government is building a high quality and fair education and training
system. Our vision is of people from all backgrounds and circumstances sharing access to the
knowledge, skills and understanding they need to participate fully and successfully in the


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community. We aim to improve overall education and training outcomes by focusing on those
learners who are not benefiting fully from education and training.

principles for equity in education and training

1.    Everyone is entitled to high quality education and training programs that provide recognised
      credentials and clear pathways to employment and lifelong learning. The outcomes of
      education and training should not depend on factors beyond the learner’s control or
      influence.

2.    In the allocation of public resources, priority is given to narrowing those gaps in education
      and training outcomes that reflect need and prevailing social inequalities.

3. All young people are entitled, as a minimum, to be able to complete their school education to
   year 12 or a vocational education equivalent.

4. The diversity of the population is recognised and valued by inclusive approaches to the
   development, conduct and evaluation of programs.

5. A demonstrated commitment to these equity principles and practises is a core responsibility
   for all those involved in education and training.

To ensure a coherent linkage between resources, access, delivery, participation and outcomes to
achieve equity, these principals will be applied in three main ways:

•    equity principles will be built into all services provided by education and training agencies
•    available resources will be clearly linked to the achievement of better and more equitable
     participation and outcomes
•    specific measures will continue to be provided to assist all learners and groups to maximise
     their outcomes from education and training.

This charter will be reflected in all education and training policies and activities. Agencies will
monitor and report on progress towards more equitable outcomes from education and training.




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Appendix 2

New South Wales Charter of principles for a culturally diverse society

       preamble
       The Government of New South Wales (NSW) regards the cultural and linguistic diversity
       of the state’s population as a valuable national resource which enhances all aspects of life.

       In order to maximise this resource, the Government will adopt a Charter of basic
       principles to guide all Government activity. These principles will apply to all aspects of
       the social, cultural, political, legal and economic life of NSW on which public institutions
       impact.

       Pursuant to the Government’s commitment, all NSW institutions will be required to
       diversify their policies and activities in order to realise the full potential of the population.

       principles for a culturally diverse society

       1. All individuals in NSW should have the greatest possible opportunity to contribute to,
          and to participate in all levels of public life.

       2. All individuals and public institutions should respect and accommodate the culture,
          language and religion of others within an Australia legal and institutional framework
          where English is the primary language.
       3. All individuals should have the greatest possible opportunity to make use of and
          participate in relevant activities and programs provided and / or administered by
          NSW government institutions.

       4. All NSW public institutions should recognise the linguistic and cultural assets in the
          NSW population as a valuable resource and utilise and promote this resource to
          maximise the development of the state.

       Application
       This Charter will be reflected in all Government policies, activities, and in its dealings
       with the non-government sector. It will inform and influence all public institutions. It will
       establish objectives for the NSW public sector. Public sector managers will demonstrate
       commitment to the Principles of this Charter.

       Within the framework, the Minister for Ethnic Affairs will be the principal reference point
       for all Ministers and the Ethnic Affairs Commission of New South Wales will be the
       principal reference point for all departments, instrumentalities, institutions and agents on
       issues related to this Charter.


Sydney, February 1993




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