International Women’s Day is both a celebration and a reckoning. While there have been important advances in workplace protections for women, our daily casework tells a more complicated story. Progress on paper does not always translate to safety and equality at work.
At Working Women’s Centre Victoria, we support women and non-binary people at work. We often see our clients navigating structural barriers that undermine their financial security and career progression. We continue to see women’s work impacted by violence, mistreatment and gendered discrimination. In this blog post, we’re outlining some of the key issues and areas for advancement we see as essential towards ensuring all women and nonbinary people can be safe and supported at work.
Returning from parental leave: redundancy and the motherhood penalty
One of the most common issues we see is the misuse of redundancy when women return from parental leave. Our anecdotal experience indicates that non-genuine redundancies remain a frequent strategy used to avoid obligations to returning mothers and carers.
Under the National Employment Standards (NES), the Fair Work Act 2009 (Cth), and state and federal discrimination laws, employees have the right to return to their pre-parental leave position or, if that position no longer exists, to an available position that is nearest in status and pay. Yet in practice, we see women returning to workplaces that have been “restructured” in ways that disproportionately affect them.
Even where redundancy is not used, women often face what can be described as the “motherhood penalty”: a quiet but persistent resetting of their careers. We regularly assist women who return to find their workplace is discreetly penalising them with:
• reduced responsibilities
• diminished seniority
• removal from leadership pathways
• exclusion from key projects or decision-making
Current legal protections provide some avenues for complaint, but remedies can be limited, costly, and slow. The emotional toll of challenging an employer while caring for a young child also deters many women from pursuing their rights. Dedicated Community Legal Centres like the Working Women’s Centre Victoria offer access to legal pathways and support.
Flexible work and structural barriers
While paid parental leave and redundancy protections are critical, the conditions of employment after returning to work can have an equally significant impact on women’s participation at work.
For example, employers are not legally obliged to consider requests for flexible work arrangements until an employee has completed 12 months of continuous service post-leave. This lack of flexibility can create an immediate barrier to balancing paid work and caring responsibilities for new parents. The career burdens faced after children are born should not disproportionately affect women in this way.
The result is predictable: women reduce their hours, step back from leadership roles, or exit the workforce altogether.
Family violence leave and workplace backlash
The Government’s implementation of family violence leave is a win for worker safety, and has given many women the time they need to safely leave an abusive situation without losing their jobs. Despite this entitlement being lifesaving for many women, we have unfortunately seen an increase in clients who have faced adverse action after taking Family and Domestic Violence Leave. Despite strong public commitments to supporting victim-survivors, implementation within workplaces can fall short.
There appears to be a disconnect between high-level policy reform and day-to-day workplace culture. Rights exist, but women still experience subtle retaliation, loss of opportunities, or strained employment relationships after exercising them.
Progress for victim-survivors at work
We welcome Victoria’s recent changes restricting the use of Non-Disclosure Agreements in workplace sexual harassment matters. These reforms have the potential to reduce the silencing of women and shift workplace accountability.
However, effective monitoring and enforcement will be critical. Reform must move beyond symbolism to meaningful cultural and structural change.
Looking ahead: climate change has gendered impacts
Calls are also growing for workplace laws (including the National Employment Standards) to better recognise the impact of climate change on workers. Heat stress, caring burdens during climate events, and economic disruption will not be experienced equally. Women and marginalised groups are likely to shoulder a disproportionate share of these pressures.
Legal and policy responses must be proactive and intersectional if they are to avoid entrenching existing inequalities.
International Women’s Day is a reminder that rights require enforcement
International Women’s Day is an opportunity to celebrate progress while also to acknowledging the distance left to travel. Workplace equality requires more than legislative reform. It requires enforcement, cultural change, and genuine accountability.
Change is possible. But it does not happen automatically. That’s why free services like the Working Women’s Centres across all states and territories are essential to ensuring women’s rights aren’t just an idea. They’re reality.
If you are experiencing issues at work relating to parental leave, redundancy, discrimination, flexible work, or family violence leave, you can seek advice from the Working Women’s Centre Victoria.
We’re here to help women and non-binary people facing legal problems at work.
The Working Women’s Centre Victoria has a dedicated team of specialist lawyers to provide free, confidential legal support – including information, advice and representation.
We can help with workplace issues including:
- Sexual harassment
- Discrimination
- Wage theft
- Unfair dismissal
- Sham contracting
- Parental leave
- Family violence
- Workplace bullying
We’re here to help any woman or non-binary person working anywhere in Victoria – even if you live in regional or remote areas.
We can also organise an interpreter if you need.
Call 1800 WWC VIC (1800 992 842), Mon-Fri 9am-3pm