GLAM: Gay & Lesbian ASU Members

Federal laws found to breach the human rights of same sex couples

The Human Rights and Equal Opportunity Commission (HREOC) today released its "Same-Sex: Same Entitlements" report arising from its National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits. The report finds that although negative discrimination as a result of anomalies in federal legislation is common for people in same sex relationships, only small changes are needed to rectify this. The ASU presented both a written and verbal submission to the Inquiry which are closely addressed in the Report.

Both the transcript and the written submission of the ASU are available at our earlier news item “Research identifies federal laws discriminating against same-sex couples” http://www.asu.asn.au/media/glam/20060929_rights.html. The final report can be downloaded below.
 
Many of the ASU’s contentions and quotes from our submission appear regularly in Chapter 6 - Employment (pages 113 to 146) – this Chapter can be downloaded below. One notable example considers the importance of making appropriate claims through the collective bargaining process:

(b) Not all collective agreements protect leave entitlements for same-sex families

Although some workplace agreements contain good leave provisions, there is no legislative obligation for agreements to contain provisions treating same-sex and opposite-sex couples in the same way.

As a result, collective agreements vary as to whether they give equal access to leave for same sex
couples:

Through many collective agreements the ASU [Australian Services Union] has been able to establish rights for same-sex couples under provisions such as carer’s leave and parental leave. But these provisions are the exception to the rule.

One person in a same-sex relationship told the Inquiry about the insecurity caused by the
absence of legislative guarantees:

In the workplace, we are currently not discriminated against, but that is because our respective certified agreements recognise same-sex couples in the taking of carer’s and bereavement leave etc. When either one or both of us moves to a different workplace, we are not guaranteed those benefits. This puts constraints on our career and work choices.

The executive summary of the HREOC report says:  

• At least 20,000 couples in Australia experience systematic discrimination on a daily basis.
• Same-sex couples and families are denied basic financial and work-related entitlements which opposite-sex couples and their families take for granted.
• Same-sex couples are not guaranteed the right to take carer’s leave to look after a sick partner.
• Same-sex couples have to spend more money on medical expenses than opposite-sex couples to enjoy the Medicare and PBS Safety Nets.
• Same-sex couples are denied a wide range of tax concessions available to opposite-sex couples.
• The same-sex partner of a federal government employee is denied access to certain superannuation and workers’ compensation death benefits available to an opposite-sex partner.
• The same-sex partner of a defence force veteran is denied a range of pensions and concessions available to an opposite-sex partner.
• Older same-sex couples will generally pay more than opposite-sex couples when entering aged care facilities.

This is just a small sample of the discrimination caused by the many federal financial and work-related laws which exclude same-sex couples and their children.

There are clearly a large range of issues for ASU members who identify as lesbian, gay, bisexual or transgender and this report will become a strong platform to continue on the path of eliminating discrimination on the basis of sexual identity.

Further information

• HREOC page relating to report: http://www.humanrights.gov.au/human_rights/samesex/report/
  
• Read the HREOC press release here: http://www.humanrights.gov.au/human_rights/samesex/report/media/media_release.html
• The Community Guide http://www.humanrights.gov.au/human_rights/samesex/report/Community_Guide.html sets out just a small sample of the federal financial and work-related entitlements and benefits which are denied to same-sex couples and their children

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