Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Equal Remuneration Convention, 1951 (No. 100) - Australia (Ratification: 1974)

The Committee notes the detailed information provided in the Government's report and the attached documentation. Noting with regret that the report provides no information concerning the application of the principle of equal remuneration in Tasmania and Victoria, the Committee requests the Government to supply this information in its next report.

1. The Government's report indicates that the ratio of female to male average weekly earnings for full-time non-managerial adults was about 83.4 per cent in February 1998. The Committee notes that the ratio has remained unchanged from the 1995 figures. It also notes that when junior, part-time and casual rates are taken into account, women earned, on an Australia-wide scale, 66 per cent of their male counterparts in May 1997. The Committee thus welcomes the statement in the Government's report that the Sex Discrimination Commissioner considers that evaluation of women's work and the system of discretionary payments should remain priority areas for action. In this connection, the Committee notes the reports and manuals produced by the HREOC dealing with pay equity issues, in particular, the Pay Equity Handbook which provides practical information to employers on general principles for addressing equal pay, objective job evaluation methods and detailed advice on how employers can conduct a job evaluation audit. The Committee requests the Government to provide information, if possible, on the extent to which the Pay Equity Handbook, and other manuals dealing with pay equity issues, have been used in practice by employers and workers as well as an indication of their impact on reducing further the wage gap at federal and state levels. Please continue to provide information on any measures taken to encourage the social partners to take account of the requirements of the Convention and to eliminate discrimination in discretionary payments.

2. At the federal level, the Committee notes the provisions in the Workplace Relations Act of 25 November 1996 relevant to promoting equal remuneration, in particular, Part VI(A), Division 2 on Minimum Entitlements of Employees, which retains the former provisions on equal remuneration for work of equal value under the Industrial Relations Act of 1988 (as amended). The Committee notes the decision of the Australian Industrial Relations Commission (AIRC) on the HPM Industries Equal Pay Test Case of 8 March 1998 which included extensive reference to the Convention and the 1986 General Survey on equal remuneration. The AIRC ruled that work value standards are preferable to competency standards which, in absence of agreement, are not an adequate tool to assess work of equal value. The Committee notes that a further application concerning the appropriate valuation of work is currently under review in relation to the HPM Industries Case, and requests to be provided with a copy of the decision. The Committee further notes that an independent committee has completed a review of the Affirmative Action Act of 1986 and it requests the Government to provide information on the findings and recommendations of the review, in particular as regards equal remuneration, and the follow-up given to it by the Government.

3. States.

(a) Queensland. The Committee notes with interest the adoption of the Workplace Relations Act of 1997 (as amended in 1998), replacing the Industrial Relations Act of 1990, and in particular those provisions relevant to promoting equal remuneration between men and women for work of equal value, and asks the Government to provide information on its practical implementation. The Government's report indicates that 48.77 per cent of all Queensland Workplace Agreements approved by the Industrial Relations Commission covered female employees. The Committee notes with concern the discriminatory provisions contained in the Clothing Trades Award and the Rubber and Plastic Industry Award which allocate different allowances or pay rates to men and women employees based on sex. The Committee hopes that consideration will be given to the removal of these sex-based distinctions in the awards. The Committee notes that an Industrial Relations Task Force has been established to examine the industrial relations system in Queensland, including the area of equal remuneration, and to report to the Government on its findings. The Government is requested to provide information on the findings of this Task Force and measures taken in regard to the application of the principle of equal remuneration.

(b) New South Wales. The Committee notes the detailed report of the Pay Equity Task Force and in particular its comprehensive package of recommendations for implementation between 1997 and 2000, which has been endorsed by the Government as a blueprint for achieving long-term pay equity between men and women. According to the NSW Government's Pay Equity Report 1998, a number of the recommendations of the Task Force have been included in the 1997 Pay Equity Strategy. The Committee notes also that the Minister for Industrial Relations referred the following terms of reference to the Industrial Relations Commission (IRC) for inquiry and report: (1) whether work in female-dominated occupations and industries is undervalued in terms of remuneration paid relative to work in comparable male-dominated occupations and industries; (2) the adequacy of tests and mechanisms for ascertaining the value of work and the extent to which they are equitable in terms of gender; (3) remedial measures to achieve pay equity taking into consideration the provisions of Conventions No. 100 and No. 111; and (4) the mechanisms and processes by which pay equity matters can be brought before the Commission. The Committee asks the Government to keep it informed of the IRC's findings and recommendations on the above points and to indicate the follow-up measures taken. The Government is also requested to report on any other initiatives taken to implement further the recommendations of the Pay Equity Task Force.

(c) South Australia. The Committee notes that the Department of Administrative and Information Services has produced a publication (title unknown) to assist women with the enterprise agreement process, and it would be grateful to receive a copy of this publication. Please also provide any other studies or material which could enable the Committee to assess the practical application of the principle enshrined in the Convention and in state legislation.

4. The Committee refers to its general observation under this Convention and requests the Government to provide information on how the principle of equal remuneration enshrined in the legislation of the different states and territories is applied and enforced in practice, including action taken by the state labour inspectorate and other monitoring bodies to ensure compliance with pay equity provisions. Please also indicate any other measures taken by the state governments, including materials and awareness-raising programmes on pay equity issues or general programmes to promote equal opportunity and treatment of men and women which contribute to the achievement of equal remuneration between men and women for work of equal value.