3.2 GTCC is committed to promoting EEO for women, members of racial minorities and people with disability.

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1 Policy Anti-Discrimination and Equal Employment Opportunity 1 Background Greater Taree City Council s (GTCC) general obligations in regard to anti-discrimination and equal employment opportunity (EEO) are outlined in the Local Government Act and Anti- Discrimination Act. This policy outlines GTCC s commitment to compliance with these provisions. 2 Policy Statement This organisation is committed to providing a positive working environment where employees and others in the workplace are treated fairly and with respect and are free from unlawful discrimination, harassment, bullying, vilification or victimisation. 3 Principles 3.1 Discrimination (direct and indirect), harassment, sexual harassment, bullying, vilification and victimisation are unlawful and will not be tolerated by GTCC. 3.2 GTCC is committed to promoting EEO for women, members of racial minorities and people with disability. 3.3 GTCC prepare and implement an EEO management plan in accordance with the Local Government Act to achieve the objects of Chapter 11 Part 4 the Act and the aim of this policy. 3.4 Complaints regarding breaches of this policy will be managed in accordance with GTCC s policies and procedures regarding complaints (external parties) and grievances (internal parties). 4 Scope This policy applies to all Council Workers and Workplaces. 5 References and related documents 5.1 Age Discrimination Act (Cth) Anti-Discrimination Act (NSW) Disability Discrimination Act (Cth) Racial Discrimination Act (Cth) Sex Discrimination Act (Cth) Local Government Act (NSW) Version V3 Approved by: Executive 23 October 2015 GTCC Policy for Anti-Discrimination and Equal Employment Opportunity Page 1 of 3

2 5.7 GTCC Complaint Handling policy, procedure and related documents 5.8 GTCC Grievance Handling policy, procedure and related documents 6 Definitions 6.1 Bullying: repeated, unreasonable behaviour directed towards an individual or group, that creates a risk to health and safety. Unreasonable behaviour means behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten. Single incidents of unreasonable behavior can also create a risk to health and safety and may escalate into bullying. There is no requirement that bullying be intentional. It is not bullying for a manager or supervisor to counsel a Worker about their performance or to take other reasonable managerial actions such as disciplinary action, issuing of work directions or allocation of work in compliance with business needs and systems. 6.2 Direct discrimination: when a person is treated less favourably than another in their employment because of a reason or ground which is prohibited by law. Prohibited grounds of discrimination include race (including colour, nationality, descent, ethnic, ethno-religious or national origin); sex; disability (including physical, mental and intellectual); age (including compulsory retirement); religious belief or activity; pregnancy (including potential pregnancy); marital or relationship status; carers or family responsibilities; carer or parental status or being childless; homosexuality, transexuality, sexuality, sexual preference, lawful sexual activity, gender identity; breastfeeding; industrial/trade union membership, non-membership or activity; employer association membership, non-membership or activity; political belief or activity; temporary absence from work because of illness or injury; HIV/AIDS; criminal record; spent convictions; medical record; defence service; or association with a person who has one or more of the attributes for which discrimination is prohibited. 6.3 Discrimination: when someone is treated unfairly because they belong to a particular group of people or have a particular characteristic. 6.4 Harassment: any form of behaviour that is not wanted; offends, humiliates or intimidates; creates a hostile environment and targets the person because of sex; pregnancy; breastfeeding; race (including colour, nationality, descent, ethnic or ethnoreligious background); age; marital or domestic status; homosexuality (actual or perceived); disability (actual or perceived, past, present or future); transgender status (actual or perceived); carer's responsibilities (actual or presumed); or association with a person who has one or more of the attributes for which harassment is prohibited. 6.5 Indirect discrimination: when an employer imposes a policy, requirement or condition which applies to everyone equally but it in fact operates to disadvantage a particular group because of a characteristic of that group, such as their sex, age or other prohibited ground of discrimination. 6.6 Sexual harassment: unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated. Conduct can amount to sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. Conduct will not be sexual harassment if a reasonable person, having regard to all the circumstances, would not have anticipated that the conduct would offend, humiliate or intimidate the other person. Version V3 Approved by: Executive 23 October 2015 GTCC Policy for Anti-Discrimination and Equal Employment Opportunity Page 2 of 3

3 6.7 Victimisation: where a person is retaliated against or subjected to a detriment because they have lodged a complaint, they intend to lodge a complaint or they are involved in a complaint of unlawful conduct. Workers must not retaliate against a person who raises a complaint or subject them to any detriment. 6.8 Vilification: any public act that could incite or encourage hatred, serious contempt or severe ridicule of a person or group because of race, homosexuality, transgender, transexuality or HIV/AIDS. 6.9 Worker: any person who carries out work in any capacity for Council including work as an employee; contractor or subcontractor; an employee of a contractor or subcontractor; an employee of a labour hire company assigned to work at Council; an apprentice or trainee; a student gaining work experience; or a volunteer Workplace: a place where Council work is carried out including any place where a Worker goes, or is likely to be, while at work including buildings; vehicles; plant such as graders, rollers and mowers; and temporary sites such as construction sites, maintenance sites, road work activities and sites for public education and promotion. 7 Attachments 7.1 GTCC Equal Employment Opportunity Management Plan. 8 Review Date On or before October Version V3 Approved by: Executive 23 October 2015 GTCC Policy for Anti-Discrimination and Equal Employment Opportunity Page 3 of 3

4 Equal Employment Opportunity Management Plan Goal: Maintain and review policies, programs and human resource practices that are non-discriminatory and contribute to EEO outcomes Maintain EEO policy and management plan Maintain recruitment and selection policies and procedures that support equitable access to employment, promotion and transfer Maintain training and development policies and procedures that support equitable access to skill development and career progression Maintain flexible work arrangement policies and procedures that support organisational needs and the diverse needs of employees Maintain conditions of service policies and procedures that comply with and support the principles of Council s EEO policy Quadrennial review of EEO policy and management plan Quadrennial review of recruitment and selection policies and procedures Annual analysis of recruitment data against community Quadrennial review of training and development policies and procedures prior year responses Quadrennial workforce profile and analysis against community and industry Biennial review of flexible work arrangement policies and procedures prior year responses Quadrennial workforce profile and analysis against community and industry Quadrennial review of conditions of service policies and procedures prior year responses Quadrennial workforce profile and analysis against community and industry GTCC Equal Employment Opportunity Management Plan Page 1 of 4

5 Goal: Communicate Council s EEO and anti-discrimination policies, programs and practices to staff Consult with staff on policy and procedure through Council s Consultative Committee Incorporate the EEO and anti-discrimination policy into Council s orientation system for new employees Incorporate EEO principles into Code of Conduct general conduct expectations for all staff Incorporate EEO principles into position descriptions and performance assessments Promote all policies and procedures through Council Deliver staff training on EEO principles and conduct expectations Report EEO statistics in the Annual Report Bi-monthly Consultative Committee meetings Quadrennial review of employee orientation policies and procedures Quarterly analysis of employee orientation evaluations and assessments Quadrennial review of the Code of Conduct Quadrennial review of performance review and assessment policies and procedures Annual performance assessments Annual review of position descriptions GTCC intranet GTCC online learning management system (equip) Annual delivery of the training plan Annual analysis of training participation rates and evaluations Annual Report GTCC Equal Employment Opportunity Management Plan Page 2 of 4

6 Goal: Collect and record appropriate information on EEO and anti-discrimination Collect and analyse statistics on employment candidates through the employment application process Collect and analyse statistics on Council workforce through the annual staff census, exit surveys and staff survey Utilise recruitment and workforce profile data in workforce planning through the integrated planning and reporting process Report EEO statistics in the Annual Report Conduct annual staff surveys to monitor and assess workplace culture Annual analysis of employment candidate data against community Annual analysis of staff census, exits and staff survey data against community and industry Quadrennial Workforce Plan Quadrennial Delivery Program Annual Operational Plans Quarterly Operational Plan achievement reports Annual Report Annual staff survey response rate prior year response data GTCC Equal Employment Opportunity Management Plan Page 3 of 4

7 Goal: Implement, evaluate and review Council s EEO Management Plan and associated policies and programs Include responsibility for EEO implementation in position descriptions for all supervisors Report EEO statistics in the Annual Report Maintain grievance and complaints management systems and monitor nature and extent of grievances and complaints received Incorporate review of the EEO Management Plan into the integrated planning and reporting process Consult with staff on review of the EEO management plan and associated policies and programs through Council s Consultative Committee Ongoing review of position descriptions Annual Reports Quadrennial review of grievance and complaints policies and procedures Annual analysis of grievances and complaints Quadrennial review of the EEO management plan Bi-monthly Consultative Committee meetings GTCC Equal Employment Opportunity Management Plan Page 4 of 4