Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided in the Government’s reports submitted in 2002 and 2003, including statistical data, as well as the attached documentation. It also notes the comments provide by the Australian Chamber of Commerce and Industry attached to the Government’s report.

1. The Committee notes that, according to the most recent employee earnings of hours survey of the Australian Bureau of Statistics, the ratio of female to male average weekly ordinary time earnings (AWOTE) for full-time non-managerial employees was 89.9 per cent in May 2000, up from 89.1 per cent in May 1998. For the same time period, the AWOTE for full-time managerial employees was 78.7 per cent, down slightly from 79.4 per cent. The quarterly average weekly earnings (AWE) survey showed that the ratio of female-to-male average weekly ordinary-time earnings decreased slightly from 84.6 per cent in February 2002 to 84.3 per cent in February 2003. The Government is requested to continue to provide similar statistical information, including information on the income levels of women and men in part-time work. Noting the indication by the Australian Chamber of Commerce and Industry that the gender wage gap may be explained to some extent by occupational segregation, the Committee would also appreciate receiving any information on measures taken to address the question of undervaluation of work in female-dominated occupations and sectors.

2. The Committee notes that the Workplace Relations Amendment Act 2002 changed the procedures of the Australian Industrial Relations Commission with regard to applications for orders under Division 2 (equal remuneration for work of equal value) of Part VIA of the Workplace Relations Act, 1996 (WRA). Under new section 170JEB, a party to a proceeding before a single member of the Commission, or the Minister may apply to have the application dealt with by a full bench of the Commission because it is of such importance that this was in the public interest. The Committee also notes that, under new section 170JEC, the president of the Commission may decide to deal with an application, whether or not another member of the Commission has begun to deal with a particular proceeding in relation to an application. In that case, the president can hear and determine the application or refer it to a full bench. While the Committee welcomes the possibility of having applications regarding equal pay dealt with by a full bench, it notes that the president may now decide to hear and decide applications already before a single member of the Commission. The Government is requested to continue provide to provide copies of decisions taken by the Commission on equal pay matters and information on any orders issued by the president or full benches under sections 170JEB and 170JEC of the WRA.

3. Recalling its previous comments on how organizations reporting under the Equal Opportunity for Women in the Workplace Act, 1999 (EOWWA), have addressed equal pay issues, the Committee notes from the Government’s report that currently only a low number of companies take action in this regard due to a low level of practical understanding by employers of how to identify pay inequality issues and remedy them. In this regard, the Committee notes the promotional activities and materials developed, including the kit on conditions of service, which includes a section for pay equality. The Government is asked to continue to provide information on how the principle of the Convention is promoted under the EOWWA, including information on the relevant activities of the Equal Opportunities for Women in the Workplace Agency.

4. With regard to its previous comments concerning the measures taken by the Human Rights and Equal Opportunities Commission (HREOC) and the Sex Discrimination Commissioner, the Committee notes the release of the Pregnancy Guidelines in April 2001 which, inter alia, outline how a number of discriminatory practices can impact on pay equity for women. The Government is asked to continue to provide information on the relevant activities of the HREOC and the Sex Discrimination Commissioner, including complaints received and dealt with concerning equal remuneration of men and women for work of equal value.

5. States and territories. (a) New South Wales. With reference to its previous comments concerning the Equal Remuneration Principle handed down by the New South Wales Industrial Relations Commission in June 2000, the Committee notes the information provided on the first claims lodged under the Principle and the awards made. Please continue to provide information on the Commission’s activities with regard to equal pay and any other initiatives taken to implement further the recommendations of the Pay Equality Task Force.

(b) Queensland. The Committee notes from the Government’s report that the Industrial Relations Act, 1999, was amended in 2001 to require that the Queensland Industrial Relations Commission ensure a general ruling about minimum wages at least once a year in order to protect low-income employees not covered by an award or collective agreement, many of whom are women. The Committee notes that it was considered that a failure to protect those workers would be in breach of the equal remuneration provisions of the Industrial Relations Act. Please continue to supply information on the follow-up to the 2000 pay equity inquiry, including the development of a draft pay equity principle that might be adopted.

(c) Western Australia. With reference to its previous comments, the Committee notes with interest that the Industrial Relations Act, 1979, was amended in 2002 to include a new object requiring the Industrial Relations Commission to promote equal remuneration for men and women for work of equal value. Noting that these amendments appear to focus on promotional activities, please continue to provide information on the manner in which the principle of the Convention is applied in state law and practice, including with regard to the definition of remuneration.

(d) South Australia. The Committee notes that in 2002 South Australia completed a comprehensive review of its industrial relations system, the recommendations of which are currently being examined by the state government. The Committee would appreciate receiving information on the follow-up made to the review’s recommendations with regard to equal remuneration, including the recommendation to incorporate pay equity principles into the Industrial Commission’s principles of wage fixing. Please also continue to supply information on the relevant activities of the Employee Ombudsman and the Commissioner for Equal Opportunities.

(e) Tasmania. Please continue to provide information on the application of Principle 9 on equal remuneration for men and women for work of equal value of the State Wage-Fixing Principles and any other measure taken or envisaged with regard to the application of the Convention.

(f) Victoria. The Committee is grateful for the detailed information provided on the application of the Convention in Victoria, including statistical information. It notes that in Victoria full-time women earned 88.5 per cent of their male counterparts. The Committee also notes that the principle of equal remuneration is applied mainly through the Federal Workplace Relations Act and the Victorian Equal Opportunity Act, 1995. Noting that the Industrial Relations Task Force recommended that Victorian employees not covered by a federal award or agreement should have access to review mechanisms to ensure equal remuneration and that equal pay principles should apply in the determination of minimum wages for these employees, the Committee asks the Government to provide information on the follow-up to the task force’s recommendations, as well as on any measures taken to promote the application of the Convention.