The future is in your hands
Cultural Leave for First Nations employees 🖤💛❤️
- Lydia Ho (Unlicensed)
Introduction
Future Group (FG) is strongly committed to reconciliation with First Nations peoples and communities. As a business that exists to build a future free from climate change and inequality, it is vital we pursue equity for our staff and stay true to our purpose.
This Cultural Leave policy is a key milestone in the pursuit of our purpose. Please take some time to read this policy, ask us questions, or give us feedback. Thank you for keeping the company accountable.
Background
What is Reconciliation?
Reconciliation involves “strengthening relationships between Aboriginal and Torres Strait Islander peoples” and non First Nations peoples. This includes creating equity between First Nations Peoples and other people in Australia, and addressing the opportunity and outcome gaps in health, education, employment, wellbeing, and various aspects of life. Reconciliation Australia uses five dimensions to encapsulate various aspects of reconciliation: historical acceptance; race relations; equality and equity; institutional integrity and unity.
Meaningful reconciliation requires effort across all five dimensions. This policy aims to be one of the many tools the Future Group (FG) will employ to pursue reconciliation.
Why is it important?
Aboriginal and Torres Strait Islander peoples are often underrepresented and marginalised throughout their lives. Australia’s history is rooted in colonisation, exploitation, and injustice. Unfortunately, our current systems and norms are a product of historical inequalities, and continue to foster unfair outcomes for Aboriginal and Torres Strait Islander peoples.
A 2020 survey commissioned by Reconciliation Australia found that 52% of Aboriginal and Torres Strait Islander peoples experienced racism in a period of 6 months preceding the survey. This number was also higher than that of previous surveys in 2018 (43%), 2016 (46%), and 2014 (39%).
Systemic inequalities lead to worse outcomes for Aboriginal and Torres Strait Islander peoples in all aspects of life, including work. In 2018, 49.1% of working age First Nations peoples were in some form of employment, compared to 75.9% for non-Indigenous people in Australia. Additionally, only 0.7% of senior leadership was First Nations in companies that track relevant data, despite making up 3.2% of the total population.
Unfortunately, the study also found that many First Nations employees feel culturally unsafe at work, meaning they cannot practice their cultural identity without discrimination, ridicule or denunciation. Similar to the Reconciliation Australia report, 55% of Aboriginal and Torres Strait Islander employees reported experiencing direct or indirect racism. These numbers highlight why it is incredibly important to break the cycle of systemic barriers and negative outcomes for First Nations peoples in Australia.
Reconciliation and the workplace
Future Group is strongly committed to the principles of reconciliation with First Nations peoples. Our purpose of building a future free from climate change and inequality requires the recognition of racism and colonialism in Australian workplaces and society. The current system can and has caused significant damage in the lives of staff who are Aboriginal and/or Torres Strait Islander.
Beyond recognition, we commit to actively finding ways to decolonise the workplace. Having a strong Cultural Leave policy is crucial for true reconciliation and celebration of a diverse workforce. This policy formalises and legitimises the significance of First Nations occasions and practices. We do this by acknowledging the limitations of the current Australian calendar, which has predominantly Anglo-centric celebrations and observances. The policy details dedicated time for First Nations staff to conduct Sorry Business, NAIDOC Week or participate in other cultural practices.
While this policy is not a solution to deep-rooted problems in Australia, it aims to play a part in our journey towards a more equal workplace and society.
The purpose
The purpose of this policy is to promote the values of reconciliation and equity through the provision of Cultural Leave for First Nations people at FG.
In this policy, “workplace” includes all locations in which people in the FG team (including, but not limited to, employees, directors and independent contractors) are required or approved by FG to perform their official duties.
Scope
This policy applies to all First Nations employees. Certain parts of the policy may be applicable to different people based on their role at FG, such as managers and independent contractors.
Our commitments
Full-time Aboriginal and Torres Strait Islander employees (either on a permanent or fixed-term contract) are entitled to a maximum of up to 4 paid Cultural Leave days per financial year.
Paid Cultural Leave will be pro-rated and available each financial year for eligible Aboriginal and Torres Strait Islander part-time employees (either on a permanent or fixed-term contract).
Paid Cultural Leave is pro-rated for eligible employees in the following way:
Eligible employees who typically work 4-5 days per week (or 30 - 37.5 hours per week) are entitled to a maximum of up to 4 paid Cultural leave days per financial year.
Eligible employees who typically work a total of 3 days or less per week (or 22.5 hours or less per week) are entitled to a maximum of up to 3 paid Cultural leave days per financial year.
FSG employees employed on a casual basis and independent contractors do not have any paid leave entitlements. Therefore, First Nations casual employees or contractors will not have access to paid Cultural Leave. However, FG recognises the need for all to observe events of cultural significance. Thus, all First Nations casual employees and contractors are entitled to the flexibility to swap out days they usually work where they need to observe events of cultural significance to days not usually worked.
Employees entitled to Cultural Leave can access it at any point in a financial year (i.e. they are not required to take all 4 days consecutively, although they could if they wish).
Paid Cultural Leave will not accrue. Any unused paid Cultural Leave will lapse on 30 June every year, then will reset on 1 July every year.
Any unused Cultural Leave balance will not be paid out upon an employee’s departure from FG.
Paid Cultural Leave can be combined with other types of leave offered by FG, with the exception of Mental Health Leave. Employees should refer to the leave guidelines on Confluence for further information. We encourage employees to prioritise taking their annual leave to maintain personal well-being.
All leave requests must be submitted on Employment Hero. We ask employees to submit leave requests at least 2 weeks in advance. However, FG also recognises culturally significant events (like Sorry Business) may not allow for advance notice and will work to accommodate requests at short notice, as is the case for personal leave.
Managers are encouraged and expected to facilitate flexibility for any First Nations full-time employees, part-time employees, casual employees or independent contractors to observe events significant to their culture.
Managers are provided with information to support their direct reports access this leave.
Rights and Responsibilities
All employees are strongly encouraged to:
Understand this policy and seek clarification from People & Culture or management where required;
Consider this policy while completing work-related duties and at any time while representing FG;
Support fellow team members in their awareness of this policy;
Support and contribute to FG’s aim of providing an equitable and supportive environment for all team members; and
Seek assistance from their manager, supervisors and/or the People Programs and DEIB Specialist if they have any concerns or are having difficulties.
Additional Responsibilities of Directors, Managers, Supervisors and People Programs and DEIB Specialist
Directors, managers, supervisors and the People Programs and DEIB Specialist have a responsibility to:
Ensure that all team members are made aware of this policy; and
Actively support and contribute to the implementation of this policy, including FG’s commitments.
As noted above, First Nations employees might seek paid leave to observe, attend, or celebrate culturally significant days to them. Managers should not expect employees to justify the importance of events when applying for Cultural Leave. Certain traditions and customs may be extremely sensitive, personal or private, and employees might not be comfortable discussing these details with their manager(s) or the company.
Additionally, what is and is not culturally significant to employees is rooted in the intersectionality of their identities, and should not require any justification. A requirement to “prove” the significance of certain days, dates or events risks additional stigmatisation, with the potential to create an undue psychological burden on employees.
This policy will be effective and inclusive only when employees don’t face barriers or stigma when seeking out Cultural Leave. To reduce these barriers, this policy puts the responsibility on managers to encourage and facilitate Cultural Leave uptake. In case a manager wants to deny a Cultural Leave request from an employee, they’re required to justify this denial to the employee as well as the People & Culture team.
Communication
This leave policy is an effort to make FG a more equitable and just organisation. While launching this policy is a vital step, its success depends on the awareness and understanding all staff share around the importance of such policies. FG will ensure that:
All team members receive a copy of this policy during the onboarding process, and understand their obligations and rights under this policy;
This policy is easily accessible by all members of the organisation;
Specific attention will be paid to socialising this policy and its implications with the Senior Management Team (SMT) and Culture Club to reduce barriers and encourage uptake;
All team members are informed when a particular activity aligns with this policy;
All team members are encouraged to actively contribute and provide feedback to this policy; and
All team members are notified of all changes to this policy.
If you have any questions, comments or suggestions about this policy, please comment directly on this document or reach out to People & Culture or your manager.
Additional policies and resources
FSG is committed to DEI principles and expects all employees to complete anti-racism training. This training will provide key context about racism and equity.
For a quick refresher or more resources, check out these anti-racism resources on Confluence.
All First Nations employees are invited to join #SuperGlobal, an employee resource group on slack. Please reach out to the People Programs and DEIB Specialist for more details or to join the group.
Some people might also require additional financial support to observe culturally significant days, including (but not limited to) Sorry Business. Permanent employees can apply for a Future Group Employee Support Loan. Further information can be found in the Employee Support Loan Guidelines.
If you’d like to read a bit more about certain significant events for Aboriginal or Torres Strait Islander Peoples, these resources are a helpful starting point:
Additional support is available. Reach out to the People Programs and DEIB Specialist if you have any questions, concerns, or feedback (the People Programs and DEIB Specialist will be able to get support from #superglobal and #reconciliation where appropriate).
If employees have any questions around leave entitlement, or think they have been denied leave they are entitled to, please speak to your manager or contact a People and Culture Representative for next steps.
Definitions
Casual Employee
Casual employees are not employed on a permanent or ongoing basis. Even though they may work regular hours each week, there is no firm advance commitment by the company to ongoing work with an agreed pattern of work. Casual employees do not have paid leave entitlements. They are therefore paid a casual loading in addition to their base hourly salary rate. Casual employees are entitled to be paid superannuation by their employer.
Cultural Leave
FSG acknowledges the importance of customary and cultural obligations for Aboriginal and Torres Strait Islander employees. Cultural leave may be taken for the following purposes:
Observance, attendance, or celebration of culturally significant ceremonies or events (e.g. Sorry Business); and
Observance, attendance, or celebration of historically significant days or events (NAIDOC week, National Apology Anniversary).
The diversity of First Nations cultures, histories, and experiences means there are numerous cultural, ceremonial, and significant dates eligible employees might want to participate in. Therefore, this policy does not have a prescriptive list of days or events when employees can use their paid Cultural Leave entitlement. The above examples are a guide only and are a non-exhaustive list of days or events.
Full-Time Employee
Full-time employees have an advance commitment to ongoing employment and can expect to work regular hours each week. At FG, full-time employees can expect to work 37.5 hours each week. They have paid leave entitlements. Full-time employees are entitled to be paid superannuation by their employer.
Part-Time Employee
Part-time employees have an advance commitment to ongoing employment and can expect to work regular hours each week. Part-time employees work fewer hours than full-time employees so their salary is prorated to reflect this. They have paid leave entitlements. Part-time employees are entitled to be paid superannuation by their employer.
Independent Contractors
Independent contractors provide services to another person or business. They aren’t employed by that person or business. Independent contractors usually negotiate their own fees and working arrangements and can work for more than one client at a time. Because independent contractors are not employees, they are not entitled to superannuation or paid leave under the law.
Some fine print
Any obligation contained in this policy does not create contractual rights. Any benefits or entitlements described in this policy is discretionary and Future Group has the right to change, remove or replace any obligation, benefit or entitlement at any time.
If you have any questions, please email us at peopleandculture@futuresuper.com.au
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