Domestic and Family Violence A Partnership Approach

1. Domestic and Family ViolenceA Partnership Approach • Making Family Violence Prevention a part of your next Workplace Agreement

2. Why is the workplace SO important in combating family violence? • The workplace may be the only place a family violence victim can spend a significant proportion of time away from the perpetrator. • The workplace is a place in which those experiencing family violence can gain support, find out about family violence support services and plot a pathway to freedom from family violence. • As community citizens we should care for and assist those who are marginalized and living in fear.

3. dFVclause far more than paid leave • The family violence clause is about generating cultural change. • It is about creating a workplace where people can disclose they are experiencing family violence without fear of discrimination. • It is about workers and employers taking ownership of the workplace culture relating to family violence prevention.

4. Rights = Choice Choice= Freedom Enterprise agreements provide workers and employers certain rights and entitlements Family Violence workplace rights give those experiencing family violence increased choices . Choices provide increased options. Options may mean the difference between whether someone lives with family violence or lives violence free.

5. Discussing the clause in the context of an Enterprise Agreement Negotiation

6. What was Learned from negotiations at Surf Coast Shire council • Everyone needs to understand the reason and importance of the clause (members, delegates, union officials, employer reps and staff reps) • Promote the positive:positive media exposure, helping the vulnerable, good corporate citizen, employer of choice, lower staff turnover, increased productivity, increased staff morale • Explain the negatives: poor staff morale, negative media exposure, image in the community damaged • Promote the unique nature of the clause: a clause separate from being part of negotiation trade off September 2010 ASU wins 20 days FDV leave at Surf Coast Shire Council, the first time a workplace agreement in Australia had included 20 days of paid leave for family violence

7. Arguments for adopting the clause • Economics : Employers can save the costs associated with lost productivity, absenteeism and staff turnover. ($13.6 billion in 2008 – 2009)They can reduce liability and fulfil duty of care to all employees by minimising and eliminating risks. • Being a leader in the workplace, the community and in organisational best practice: The adoption of this clause demonstrates that an employer can take a stand and tackle an issue that often gets put in the too hard basket. • To be seen as a good employer and an employer of choice. Employers usually want to been seen as good community citizens. This clause gives them an opportunity to be seen as altruistic because it assists vulnerable women and children, it’s potentially life saving, and provides DFV victims an opportunity to retain control of their independence and live without fear. The clause should appeal to people’s sense of right and wrong.

8. Know the key statistics Nearly two women die every week The greatest health risk to women aged 15 – 44 is not high blood pressure, smoking or obesity – it’s domestic violence (VicHealth 2004)

9. Rates of violence against women and men Since the age of 15: 1 in 22 Australian men had experienced sexual violence 1 in 19 Australian men had experienced physical or sexual violence from a current or former partner. 1 in 7 Australian men had experienced emotional abuse by a current or former partner. 1 in 2 Australian men had experienced physical violence. Information on this page has been sourced from the ABS and produced by Our Watch (www.ourwatch.org.au) and ANROWS Australia’s National Research Organisation for Women’s Safety(www.anrows.org.au)

10. Why is it a workplace issue? • 2/3 of Australian women who reported violence by a current partner were in paid employment. (Australian Bureau of Statistics (2005) Personal Safety Survey) • 19% of Australian workers who had experienced DFV reported the harassment continued at their workplace (McFerran, L (2011) Key Findings – Safe at Home Safe at Work UNSW) • 11% of Australian workers who had experienced DFV reported the perpetrator had physically attended their workplace (Gendered Violence Research Unit UNSW) • Workers experiencing DFV are particularly vulnerable when working due to the predictability of their location and hours. The strain of coping with abuse can impact on productivity, performance and well being (Not Now Not Ever Report Qld Govt 2015)

11. Be able to explain the dangers Workers experiencing DFV have a more disrupted work history, lower personal incomes, change jobs more often, and are often in casual or part time work (FranzwayZuffery and Chung 2007DV and Women’s Employment) Threats from a perpetrator may extend to other workers and managers, placing them at risk. (McFerran, Cortis and Trijbetz 2013 DFV Clauses in your workplace) Tension and conflict can arise when other workers become aware of DFV affecting a colleague (McFerran, L (2011) Key Findings – Safe at Home Safe at Work UNSW)

12. How much does it cost? KPMG predicts the cost to the Australian economy of all forms of violence against women and children will rise to $15.6 BILLION by 2021.

13. don’t allow those with no expertise in Family violence to define it • Qld Domestic and Family Violence Protection Act 2012 • Part 2 Division 2 Domestic violence • 8 Meaning of domestic violence • (1) Domestic violence means behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— • (a) is physically or sexually abusive; or • (b) is emotionally or psychologically abusive; or • (c) is economically abusive; or • (d) is threatening; or • (e) is coercive; or • (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or well being or that of someone else. • A child, relative or associate is exposed to domestic violence if the child • sees or hears domestic violence or otherwise experiences the effects of • domestic violence.

14. Explain why paid leave is important • A person experiencing family violence may have used all their sick leave and carers leave in order to recover from injuries and to hide injuries from their colleagues and employer. • Workers should not have to make the choice of having a wage or removing themselves from a perpetrator.If they choose to leave work the employer has the cost of rehiring and retraining. • Whether the person experiencing family violence leaves the household or not it takes money and time to set up life away from the perpetrator. It is thus vitally important that their employment is not jeopardised. • Giving people paid time to get their life in order will make their time at work more productiveas the worker will have time away from work to concentrate on their family violence issues.

15. Sample task list for a person starting again after family violence: • Put a safety plan in place: make sure you are not locatable, inform • relevant family friends of plan • 2. Get an intervention order from the magistrates court and an extension if • required • 3. Centrelink: apply for new payment/ alter payment details • 4. Utilities change of billing or new address details • 5. Banking: Stop joint accounts, renegotiate loan repayments, open new accounts • 6. Accommodation find alternative or change locks on house • 7. Find a lawyer: filing for divorce, child custody property settlements • 8. Counselling : find and visit family violence worker and/or counsellor • 9. Get financial advice and or financial counselling and put a financial plan in place • 10. Spend time with children helping them adjust and understand what is • happening • 11. Ensure children are safe: Inform school, crèche kindergarten re situation court • orders. If needed find alternative school for children • 12.Work with police if there are assault charges against partner • 13. Keep yourself emotionally and physically safe during • this stressful time

16. The clause is not just about paid leave. There are 7 key components to be included: 1.Dedicated additional paid leave,  2.Confidentialitymust be assured and respected, 3.Workplace safety planningstrategies for the protection of all employees. They should be developed in consultation with, and clearly understood by all the parties concerned, 4.Referral of employeesto appropriate domestic violence support services, 5. Provision of appropriate trainingand paid time to act in agreed roles for nominated contact persons, 6. Entitlement to access flexible work arrangements where appropriate, and 7.Protection against adverse action or discriminationon the basis of their disclosure of, experience of, or perceived experience of, family and domestic violence.

17. YOU have the power to make a difference! • Domestic and family violence is preventable. • Employment is a key pathway to leaving a violent relationship. Financial security (employment) can allow women to escape becoming trapped and isolated in violent and abusive relationships, and to maintain, as far as possible, their home and standard of living. S Patton 2003, Pathways: how women leave violent men, Government of Tasmania, Hobart, p. 71 • The workplace is not only about economic independence, it’s also about providing women with the self-confidence and the support of work colleagues through a domestic violence crisis. Ludo McFerran, Project Officer, Australian Domestic and Family Violence Clearinghouse

18. Referrals: 1800 RESPECT DV Connect 1800 811 811 24/7