Coalition Senators - Additional Comments

Introduction

1.1The inquiry into issues related to menopause and perimenopause was a comprehensive and largely bi-partisan exercise that sought to hear from Australian women across the country from varied and diverse backgrounds, as well as from a broad range of business groups, medical organisations, clinicians and health practitioners involved in the employment, treatment and care of women at this stage of their life.

1.2The committee sought to garner greater insights into the present experiences and challenges facing women presenting with perimenopausal and menopausal symptoms, the general awareness - or lack thereof - in the public sphere including general practitioners, their diagnosis and treatment methods, and various workplace arrangements for women.

1.3The Coalition acknowledges the contribution of the many groups and individuals who appeared around the country at the various hearings as they offered up their uniquely lived experiences, insights and expertise on an experience common to all women, yet largely undiscussed, stigmatised and often misunderstood.

1.4The inquiry examined and heard from many individuals who had lived experience with menopause and perimenopause. They shared their insights of the wide-ranging symptoms and side-effects they had undergone through their experiences.

1.5The Coalition emphasises that a balanced approach between government oversight and private sector autonomy must be taken when developing and determining solutions. It should not impose restrictive burdens on businesses, especially small and family businesses. We should ensure that the correct steps are taken to provide greater accommodations, awareness and support for women in vocational settings during this time in their lives.

Menopause leave

1.6The Coalition has articulated its opposition to the introduction of menopause-related leave, either as a standalone provision or as part of broader reproductive leave. The Coalition contends that decisions regarding such leave should rest with the private sector, which is in a better position to determine what measures are necessary to retain and motivate employees.

1.7Coalition Senators note that the main advocates for menopause specific leave were trade unions, and that their position was inconsistent with what we have heard from women’s groups, community groups and experts on perimenopause and menopause.

1.8We also note and echo the widespread concern raised by various groups and individuals across the country, via both submissions and in person at the many hearings conducted, that suggested the introduction of menopause leave could inadvertently disadvantage women in the workplace.

1.9At a public hearing in Perth, Ms Cilla de Lacy summarised her views on menopause specific leave when she stated:

I'm actually not a supporter of menopause leave, because I don't think that it's purely necessary to use a specific type of leave for menopause. I'm worried about the impact on small businesses. I'm worried about the impact on women not being able to get jobs because 'you're a woman; you're going to need 10 days of menopause leave'. I've managed staff in the state government, and I'm staggered by the amount of personal leave they have. So it's not like leave is an issue from what I've observed.[1]

1.10Coalition Senators share Ms de Lacy’s concerns, as did many other witnesses.Menopause specific leave poses a risk to women’s advancement, while not directly addressing the barriers menopause creates in the workplace.

1.11This sentiment was echoed in the Chief Executive Women submission, when they stated:

We caution against the implementation of standalone ‘menopause leave’ that risks further alienating a woman from her place of work.[2]

1.12Associate Professor Amanda Vincent added to these concerns during a hearing in Brisbane when she said:

I think that menopause leave per se is an issue. We don't want to make employers averse to employing women.[3]

1.13Again, this view was further emphasised by Jean Hailes for Women’s Health in their submission:

Any menopause-focused workplace provision to support workforce participation must ensure that it does not inadvertently make it harder for women in the workplace. Again, the 2023 National Women’s Health Survey provides unbiased, nationally representative data on some of the potential issues related to asking for and taking one potential workplace provision; menopause leave. The survey tested support for and barriers to menopause leave as this is a workplace provision being advocated and adopted by some organisations. Most Australian women were concerned that menopause leave might negatively impact the hiring, treatment, promotion and/or retention of women.[4]

1.14There are overwhelming concerns that employers might find it more cost-effective to hire male employees over women who may require menopause leave, potentially leading to unintended consequences that could exacerbate gender disparities in the workforce.

1.15The pursuit of legislated leave arrangements fails to consider the various and diverse voices of women we heard during the extensive inquiry period who spoke to a range of nuanced and unique experiences of menopause and perimenopause. To attempt to quantify this with a fixed figure undermines the evidence given by the majority of women for understanding, for flexibility, and for the right support and treatment options.

1.16Notwithstanding specific menopause or reproductive leave arrangements, it is the view of the Coalition that general leave flexibility arrangements ought to be accommodated by individual businesses, rather than being subject to direct government intervention.

Further examination of leave flexibility arrangements

1.17It is also the opinion of the Coalition that the present committee, which has a remit that covers health and social security, is not best-placed to make detailed examinations or determinations regarding industrial relations law.

1.18Coalition Senators agree that evidence that has come out from this inquiry points to the need for further analysis and scrutiny around how menopause interacts with Australia’s workplace relations.

1.19In their submission, The Royal Women’s Hospital Melbourne, stated:

Some Australian organisations have introduced menopause policies, mainly focusing on menopause leave, sometimes combined with other sex-specific leave purposes, such as menstrual leave. Unfortunately, there is relatively little evidence showing that these workplace adjustments actually result in improved physical or mental health for employees or improved workplace outcomes such as productivity, absenteeism or presenteeism, and this lack of evidence is proving to be a hindrance to progress.[5]

1.20Coalition Senators agree that the lack of evidence on the effectiveness of menopause specific policies, alongside the overwhelming evidence identifying risks with such policies, makes it ill advised for this committee to make any recommendations in this space.

1.21It is our view that while this committee, through the Chair’s report, has done excellent work in identifying health specific factors regarding menopause, a reference to the Senate Education and Employment Standing Committee is appropriate in order to properly consider Australia’s complex industrial relations law to recommend changes in this space.

1.22Any issues that may arise in relation to workplace relations, particularly concerning menopause and perimenopause, should be referred to the Education and Employment Committee. This body would be better positioned to conduct a more detailed examination of potential legislative changes, offering a more nuanced assessment of what might be required to address any emerging challenges.

1.23The Senate Education and Employment Standing Committee to review the adequacy of existing legal frameworks, including Section 65 of the Fair Work Act 2009, to ensure women can access flexible working arrangements during menopause.

Education and awareness

1.24The report highlights the need for broader awareness campaigns aimed at destigmatising menopause and increasing understanding of perimenopause. Such efforts would empower women in the workplace to speak openly about their experiences, fostering an environment where concerns related to menopause are more readily discussed.

1.25This approach could be as simple as encouraging women around mid-life to go for a menopause specific check-up much in the same way there exists prostate awareness material for men once they enter mid-life.

1.26Moreover, by increasing public understanding, these campaigns could lead to greater acceptance and flexibility in workplace arrangements, which would ultimately support women as they navigate this phase of life.

1.27Additionally, the Coalition agrees that modules on menopause and perimenopause should be integrated into curricula at higher education institutions, particularly in courses where such knowledge is relevant.

1.28By embedding this education into requisite programs, future professionals would be better prepared to address the medical, social, and occupational aspects of menopause and perimenopause, thus contributing to a more informed and supportive environment for women in all sectors.

1.29Further research should be undertaken by the Department of Health and Aged Care to deepen the understanding of menopause and perimenopause.

1.30Such studies would provide valuable data that could inform public health policies, medical treatment guidelines, and workplace accommodations.

1.31This research is critical for advancing the overall health and wellbeing of women during this period of their life, ensuring that their needs are adequately addressed across various sectors.

1.32The Coalition also supports a coordinated approach in which the states and territories are supported by the Commonwealth to integrate, as part of various women’s health action plans, carve-outs for menopause and perimenopause specific supports and treatments.

Menopausal hormone therapy

1.33The Coalition stresses the importance of enhancing access to Menopausal Hormone Therapy (MHT) and other treatments. Pathways to these treatments are crucial for women experiencing severe symptoms of perimenopause and menopause, and ensuring equitable access is a key element in effectively managing the more debilitating effects of these conditions.

1.34Further to this, there remain high barriers of cost for individuals to access MHT as a result of the therapy not being Pharmaceutical Benefits Scheme (PBS) listed.

Conclusion

1.35The Coalition acknowledges the majority of the findings of the report are sensible and designed to increase public awareness, destigmatise, provide access to treatments and supports, and to encourage further research and foster new pathways for vocation related to menopause and perimenopause.

1.36We, however, must be clear that we do not support any recommendations calling for changes to legislation, or to compel the insertion of menopause and perimenopause leave in Australian businesses and organisations.

1.37As previously stated, notwithstanding the abundant evidence received during the inquiry about the general reticence to support the introduction of menopause leave due to the risk of further workplace disadvantage for women, the Coalition is of the belief that the choice and responsibility should fall on the private sector to make determinations as to whether it should include such accommodations as part of an attractive employment package.

1.38Furthermore, the Coalition believes it is through concerted education campaigns, awareness campaigns and efforts to destigmatise and create understanding around the symptoms and effects associated with menopause and perimenopause, that better flexibility arrangements in the workplace stand the best chance of success.

1.39The Coalition also recommends any proposed changes to legislation should be brought before the Education and Employment Committee for further, detailed scrutiny around issues specific to workplace reforms.

Footnotes

[1]Ms Cilla de Lacy, Private capacity, Committee Hansard, 6 August 2024, p. 28.

[2]Chief Executive Women, Submission 136, p. 11.

[3]Associate Professor Amanda Vincent, Early Menopause Lead, Monash Centre for Health Research and Implementation, Committee Hansard, 29 July 2024, p. 19.

[4]Jean Hailes for Women’s Health, Submission 119, p. 15.

[5]The Royal Women’s Hospital Melbourne, Submission 33, p. 9.