Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - New Zealand (Ratification: 1983)

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and by Business New Zealand (Business NZ) attached to the Government’s report.

Gender pay gap. The Committee notes from the Government’s report that in 2009 the gender earnings gap stagnated at around 12 per cent with a gender earnings gap of 14.1 per cent in the private sector and 18.4 per cent in the public sector. Significant gender differences persist when comparing the average hourly earnings of Maori and Pacific women as a percentage of those of European/Pakeha men (72.1 per cent and 70.5 per cent, respectively, in 2009). The Government indicates that the Ministry of Women’s Affairs (MWA) is working to improve the number of women in leadership positions. The activities include: a nominations service which promotes the benefits of including women on public and private sector boards and nominates women for public sector boards and committees; a “Women on Board” initiative developed by the MWA with Business NZ and the Institute of Directors in New Zealand; and workshops promoting women in leadership in the local government and tertiary sector undertaken by the Equal Employment Opportunities Commissioner. The Committee also notes the Government’s indication that the Pay and Employment Equity Taskforce identified that the grouping of women into lower paid occupations significantly contributed to the gender pay gap; in 2008, the MWA commissioned research on young people’s career decisions and gender segregation in trades, as part of its plan to decrease gender segregation in the workplace; the study found that gender stereotypes continue to have a major influence on young people’s choices, making some career paths and employment options more or less accessible to young women. It further notes the Government’s indication that the National Advisory Council on the Employment of Women (NACEW) has examined the prevalence of women in part-time work (35 per cent of women in the workforce work part-time). In 2008 and 2009, the NACEW commissioned and completed a two-phase project on women and part-time work, which compared quality of work for both full-time and part-time workers; the project aimed at identifying the characteristics, pay and working issues for female part-time employees aged 25–54 years in low-paid jobs in particular in retail, cleaning and residential care. The Committee asks the Government to continue to provide information on the implementation of the activities undertaken by the various bodies, and role of workers’ and employers’ organizations, to promote the application of the Convention, as well as the results achieved. The Committee also asks the Government to provide specific information on the measures taken or envisaged to address the issues of female concentration in part-time work and in lower paid occupations. Further, please continue to provide statistics on the female–male earnings gap, including in high-level posts, and to supply additional information on how current measures aimed at reducing the gender earnings gap are addressing the important gender differences between, and within, ethnic groups with respect to average hourly earnings.

Public sector. The Committee recalls the pay and employment equity reviews undertaken in the district health boards (DHBs) and in a sample of schools in the compulsory education sector. The Committee notes the Government’s indication that the average salary of women was 58,393 New Zealand dollars (NZD) compared with NZD68,983 for men in the public sector in 2009; the largest pay gap by occupation was between male and female managers at 13 per cent. Recalling that a bipartite National Pay and Employment Equity Response Plan for DHBs had been finalized, the Committee once again asks the Government to provide a copy of the Plan and information on its implementation. The Committee also asks the Government to provide information on any measures taken to promote women’s access to all levels of the public sector, including higher paying jobs.

Remedial pay increases in the private sector. The Committee recalls its previous comments with respect to concerns expressed by Business NZ on difficulties encountered by employers in the private health sector in matching remedial pay increases granted to employees in public institutions. The Committee once again asks the Government to monitor any specific difficulties encountered by private health sector employers in matching remedial pay increases, and provide information on the manner in which this is being addressed.

Enforcement. The Committee notes the Government’s indication that no questions of principle relating to the Convention have been considered by the Employment Relations Authority or the courts. Business NZ also suggests that the low number of equal pay claims taken by individuals is probably an indication that most women accept that they are fairly paid. Recalling that the absence of complaints or findings of pay inequalities is likely to result from the lack of an appropriate legal framework, the lack of knowledge of the relevant rights among workers as well as those responsible for monitoring or enforcing the law, or difficulties in accessing effective dispute resolution mechanisms, the Committee asks the Government to continue monitoring whether the current procedures are sufficient to address equal pay claims in an effective manner, and to provide information in this regard.