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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Australian Council of Trade Unions (ACTU) received with the Government’s report.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee takes note of the information, provided by the Government in its report, on the remuneration of men and women by economic activity and in the public and private sectors for 2021. More particularly, it notes that, in 2021, the gender pay gap was higher in the private sector (17 per cent) than the public sector (11.2 per cent). The Committee also notes, from the “Gender Indicators, Gender Pay Gap Measures”, available on the website of the Australian Bureau of Statistics, that the gender pay gap for average weekly earnings of full-time adult employees decreased from 14.5 per cent in May 2018 to 13 per cent in May 2023. However, the Committee notes, from the “Gender Equality Scorecard” published by the Workplace Gender Equality Agency (WGEA) in December 2022, that after taking into account all types of remuneration (superannuation, bonuses and other additional payments), the national average gender pay gap was at 22.8 per cent. The Committee notes, from the WGEA “Common Wealth Public Sector Gender Equality Snapshop 2022” that in the public sector, the gender pay gap is 11.6 per cent in favour of men. The Committee takes note of the information provided by the Government on the various measures in place to reduce the gender pay gap, including: (1) a Women in STEM Cadetships and Advanced Apprenticeships Programme, which supports part-time study for participating women employees looking to upskill in STEM or move into a STEM career; (2) lifting the maximum Child Care Subsidy rate to reduce the costs of childcare; (3) the organization in September 2022 of a Jobs and Skills Summit in which equal opportunities and equal pay for women was a key focus; (4) the adoption of the Australian Public Service Gender Equality Strategy 2021-26; and (5) unpaid parental leave for parents of stillborn babies. The Committee also notes the Government’s indication that, in March 2021, it passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021, which introduced a pathway in the National Employment Standards (NES) for eligible casual employees to convert to full-time or part-time employment. The Government adds that, by providing a pathway to more secure employment, this measure can assist women in low-paid sectors and promote women’s access to a wider range of jobs with career prospects and higher pay. The Committee also notes with interest the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, implementing recommendation no. 2 of the 2021 review of the Workplace Gender Equality Act 2012, which requires the WGEA to annually publish gender pay gap information of relevant employers (i.e. employers with more than 100 employees) for each reporting period, to promote accountability and encourage accelerated action and change within organizations towards closing the gender pay gap (Division 1 of the Amendment Act 2023). The Committee asks the Government to pursue its efforts and to continue to provide information on the measures implemented to address the gender pay gap and the results achieved. In this regard, it asks the Government to continue to provide information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Queensland.Noting that the Government does not provide a reply to its previous request, the Committee, once again, asks the Government to provide information on: (i) the impact of the initiatives implemented to attract and retain women in the minerals industry, including the effect it has had on the gender pay gap in the industry; and (ii) the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

New South Wales (NSW). The Committee notes the Government’s indication that, in 2020, a tool was developed to promote existing financial literacy resources to women, such as the “Women’s Financial Toolkit - It’s your future”. The Committee notes that data from November 2021 reveals that the gender pay gap has reduced from 13.4 per cent in 2020 to 12 per cent, reflecting an average pay gap of AUD220 per week between men and women (previously AUD239.70). The Government also states that, in 2021, 42.7 per cent of senior leadership roles in the NSW public sector workforce were held by women, up 9.3 percentage points since 2014. Additionally, women represented 34.2 per cent of board directorships on ASX-200 companies as of 30 November 2021. The Committee takes note of the Government’s statement that its commitment to increasing access to flexible working arrangements for all public sector staff reflects a genuine intent to improve women’s economic participation in a meaningful way. The Committee notes the slight decrease in the gender pay gap. The Committee asks the Government to continue to provide information on the measures implemented to address the existing gender pay gap, as well as on their impact.

Victoria. The Committee notes the Government’s indication that Victoria adopted its first Gender Equality Strategy (GES) in 2016, “Safe and Strong”, and is in the process of refreshing the GES, which came to an end in 2021. The Strategy recognizes that work and economic security is a focal point for women’s equality. Women continue to be underrepresented in industries such as finance, construction, utilities, science and technical services. A failure to attract and equip women for careers in these industries leads to a loss of productivity gains, by not drawing on the skills and capabilities of a large sector of the labour force. It also entrenches occupational segregation, with potential to widen the gender pay gap and reduce economic security for women and their families. To further implement the Safe and Strong Strategy, the Victorian Government launched, in 2022, the Women in Construction Strategy, in partnership with the Building Industry Consultative Council (BICC), designed to increase women’s participation in the trades and semi-skilled ‘blue-collar’ work in Victoria. The Committee asks the Government to continue to provide information on the nature and impact of the measures implemented and initiatives envisaged, including by the Equal Workplace Advisory Council and under the new Gender Equality Strategy, to address the gender pay gap and its underlying causes such as vertical and horizontal occupational gender segregation.

Western Australia. The Committee notes that the gender pay gap in Western Australia declined from 22.9 per cent to 21.2 per cent between November 2020 and November 2021. It takes note of the Government’s indication that the statutory criteria in section 50A(3) of the Industrial Relations Act provides that when the Western Australian Industrial Relations Commission (WAIRC) is reviewing and adjusting minimum rates of pay for employees in the State industrial relations system, it must take into account the need to provide equal remuneration. The Government adds that the WAIRC is also required to include an equal remuneration principle in the statement of principles it issues each year. The Committee asks the Government to continue to provide information on: (i) any measures adopted in Western Australia to address the gender pay gap, as well as on their impact; and (ii) the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Supported bargaining and minimum wages. In its previous comment, the Committee noted the ACTU’s views that the provisions of the Fair Work Act 2009 relating to low-paid assisted bargaining are subject to significant limitations which impede the capacity of these provisions in practice to provide access to collective bargaining for low-paid workers and thereby limit their potential to promote equal remuneration for work of equal value because the majority of low-paid employees are women. The Committee notes with interest that the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, in Part 20 of its Schedule 1, replaces low-paid assisted bargaining with supported bargaining. The Committee notes that, as amended, a bargaining representative or a union entitled to represent the industrial interests of a group of employees, may apply for a supported bargaining authorization to the Fair Work Commission (FWC). The FWC may decide to make such an authorization, taking into consideration pay and conditions, common interest, bargaining representation and any other matters it deems relevant. The supported bargaining authorization, will specify the employers and employees which are concerned and the employer will be obliged to enter into a supported bargaining agreement with the employees concerned. The Committee requests the Government to provide information on: (i) the practical application of the new supported bargaining scheme, including on its impact on pay equity; and (ii) any other measures taken or envisaged to implement, in practice, the principle of the Convention.

Minimum wages and the equal remuneration principle. The Committee notes the Government’s indication that, on 1 July 2022, the FWC announced the Government’s increase of the national minimum wage to AUD21.38 per hour (up from AUD20.33) or AUD812.60 per week (up AUD40 from AUD772.60) based on a 38-hour week for a full-time employee. The Committee notes the Government’s indication that around 60 per cent of award reliant workers are women. The Government points out that the Expert Panel of the FWC must consider the principle of equal remuneration for work of equal or comparable “value” when determining the National Minimum Wage, and that the Annual Wage Review decision of 15 June 2022 found that “moderate increases in the national minimum wage and modern award minimum wages would be likely to have a relatively small, but nonetheless beneficial, effect on the gender pay gap”. The Committee notes the ACTU’s acknowledgment that women are disproportionately represented among the group of workers who are reliant on the minimum wages system, and that the FWC has observed on several occasions that women are more likely to be reliant on minimum wages than men at every level of the award classification system. The ACTU stresses that for the most recent annual wage review, minimum wages increased more than general movements in market wages, and that it is envisaged that this combination of factors will result, at least temporarily, in a reduction in the gender pay gap. However, the ACTU also observes that the FWC has also often observed that its annual wage review function does not present an opportunity to examine whether the pay rates which it adjusts were in fact fixed in a manner that ensures equal remuneration for work of equal or comparable value. Whilst a separate mechanism exists in the Fair Work Act to adjust rates of pay having regard to the equal remuneration principle, the ACTU is of the view that this has proved insufficient, predominantly because it has been interpreted to require a mechanistic comparison between male and female workers as opposed to inviting an inquiry into gender-based undervaluation more generally. Because the annual wage review process provides a mechanism merely to adjust existing pay rates without questioning any underlying biases or undervaluation in their initial fixation, the only mechanism left for addressing pay equity is a variation which effectively involves a de-novo assessment of work value unrelated to gender pay equity issues. The Committee notes, from the amendments brought to the Fair Work Act by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, that the FWC, in making modern awards, must now take into account “the need to achieve gender equality in the workplace by ensuring equal remuneration for work of equal or comparable value, eliminating gender-based undervaluation of work and providing workplace conditions that facilitate women’s full economic participation”. The Amendment Act, also provides, in Part 5 of Schedule 1 that the FWC’s consideration of work value reasons must be free of assumptions based on gender and include consideration of whether historically the work has been undervalued because of assumptions based on gender. In addition, in deciding whether there is equal remuneration for work of equal or comparable value, the FWC may also take into account comparisons within and between occupations and industries to establish whether the work has been undervalued on the basis of gender. The Committee also notes that under Part 6 of the Amendment Act, the FWC must establish an Expert Panel to make determinations regarding substantive equity pay. The Committee notes these amendments with interest. It asks the Government to continue to provide information on the manner in which the principle of equal remuneration is taken into consideration in practice in the determination of minimum wage and the impact of minimum-wages decisions on the gender pay gap.

Equal remuneration orders. The Committee recalls the ACTU’s comments that the pursuit of equal remuneration orders under section 302 of the Fair Work Act, is in their view extremely costly, time consuming, highly adversarial and an ineffective process. The Committee notes, the Government’s indication that the Fair Work Commission has received 27 applications of equal remuneration orders, among which, 21 were withdrawn prior to determination, 5 were dismissed and 1 equal remuneration order was issued. The Committee takes note of the information provided by the Government on some applications of equal remuneration orders. In light of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the Committee requests the Government to provide information on the practical operation of section 302 of the Fair Work Act, which gives the Fair Work Commission power to make equal remuneration orders. The Committee also requests the Government to continue to provide information regarding the number and nature of the cases (indicating the groups of employees and the work undertaken by them and the relevant sectors) in which an application has been made for equal remuneration orders, their outcome, the reasons for the results and their impact in light of the achievement of the principle of the Convention requiring equal pay for work of equal value.

Enforcement. With reference to its previous comment, the Committee notes the Government’s indication that it works in collaboration with employers to provide advice, practical tools and education to help them improve their performance on gender equality and comply with the reporting requirements under the Workplace Gender Equality Act 2012. This assistance is delivered by the WGEA through three specific programmes: (1) Reporting: a mandatory programme for all ‘relevant employers’ under the Workplace Gender Equality Act 2012; (2) Employer of Choice for Gender Equality citations: a programme designed to encourage, recognize and promote organizations’ active commitment to achieving gender equality in Australian workplaces; and (3) Pay Equity Ambassadors: the WGEA works with a network of CEOs, heads of departments and directors in the public and private sector committed to pay equity and gender equality. The Committee further notes from the Government’s information that: (1) Pay Equity Ambassadors help to create change by playing a leadership role in their business community and to the broader public; (2) the activities of the Fair Work Ombudsman, such as the publication of the Gender Pay Equity Best Practice Guide, which explains why gender pay equity is important and how employers and managers can use best practice initiatives to support gender pay equity in business; (3) the 2021 review of the Workplace Gender Equality Act; and (4) apart from one court case in South Australia, there have been no cases or complaints relating to the application of the principle of equal remuneration between men and women. The Committee asks the Government to pursue its efforts to raise awareness of the principle of equal remuneration between men and women for work of equal value. It requests the Government to provide information on the measures taken to this end, including by the Workplace Gender Equality Agency and the Fair Work Ombudsman. It also asks the Government to continue to provide information on the awards and decisions of the Fair Work Commission, as well as on the number, nature and outcome of any cases or complaints concerning pay inequality dealt with by the labour inspectors, the courts or any other competent authority.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 and 2 of the Convention. Legislative developments. The Committee recalls the Australian Council of Trade Unions (ACTU) concerns regarding the reporting process implemented under the Workplace Gender Equality Agency that it is neither rigorous nor detailed enough, as companies do not have to disclose actual pay data, but merely to tick a box advising whether or not they have an equal remuneration policy in place. The Committee notes the Government’s indication, in its report, that a review of the Workplace Gender Equality Act 2012 was undertaken in 2021 to consider how progress on gender equality in workplaces could be accelerated and reporting for employers to the Workplace Gender Equality Agency (WGEA) could be streamlined. Following the publication of the WGEA report, the Committee notes with interest the adoption of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which implements a number of the recommendations of the 2021 Review, namely by: (1) changing the object of the Fair Work Act and introducing “the need to achieve gender equality in the workplace by ensuring equal remuneration for work of equal or comparable “value”, eliminating genderbased undervaluation of work and providing workplace conditions that facilitate women’s full economic participation” (Part 4 Schedule 2); (2) the establishment and requirement of an Expert Panel to make determinations regarding substantive gender pay equity matters (Part 6 Schedule 1); (3) the prohibition of pay secrecy clauses in contracts of employments, which are used to prohibit employees from divulging and discussing their pay with others (Part 7 Schedule 1); and (4) expanding the right to flexible work for employees. In addition, it notes with interest the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 which further implements some of the recommendations of the 2021 Review of the Workplace Gender Equality Act, including: (1) the new requirement of the WGEA to publish gender pay gap information of relevant employers (with 100 or more workers); and (2) setting of “gender equality standards” (Division 2). The Committee welcomes these legislative developments and requests the Government to continue providing information on the measures taken or envisaged to give effect to the principle of the Convention and to indicate how the legislative developments have impacted the reporting process and addressed the ACTU’s previous observations.

Queensland. In reply to the Committee’s previous request, the Government indicates that the Equal Remuneration Principle (ERP), established in 2002, was codified and incorporated into the Queensland Industrial Relations Act 2016, and therefore, the ERP continues to operate as a guiding principle for the decisions of the Queensland Industrial Relations Commission (QIRC).The Committee also notes the Government’s indication that the Five-year Review of the Industrial Relations Act 2016 (IR Act 2016) identified the persistence of gender pay inequality as a central issue in collective bargaining. The Government indicates that proposed amendments are currently in front of Parliament to update the good faith bargaining requirement set out in section 173 of the IR Act 2016 to give the negotiating parties the opportunity to understand and address the gender pay gap relating to the proposed agreement at the outset of bargaining. The amendments will require the parties to provide detailed wage-related information on the gender pay gap as soon as practicable after bargaining commences. The Committee asks the Government to continue to provide information on: (i) the practical implementation of the Industrial Relations Act 2016 and the Industrial Relations Regulations 2018, including on the application of the ERP by the Queensland Industrial Relations Commission to ensure equal remuneration for work of equal “value” in awards, agreements and through equal remuneration orders in accordance with the obligations imposed by the Convention; and (ii) any difficulties encountered in the implementation of the Act and the Regulations, as well as the measures taken or envisaged to overcome them.

Victoria. The Committee notes the adoption of the Gender Equality Act 2020 (GE Act), which came into effect in March 2021, and which now requires Victorian public sector organisations to take positive action towards promoting workplace gender equality and to consider and promote gender equality in their policies, programmes and services. The GE Act applies to around 300 Victorian public sector organisations that have 50 or more employees (defined entities), including universities and local councils. The Committee indicates that the GE Act sets out seven gender equality indicators that represent the key areas where workplace gender inequality persists and where reasonable and material progress towards gender equality must be demonstrated (section 16). One of the indicators is equal remuneration for work of equal or comparable “value” across all levels of the workforce, irrespective of gender (section 3). Entities with obligations under the GE Act (defined entities) are required to conduct a workplace gender audit every four years which requires them to collect and report data on the gender equality indicators, including the gender pay gap (section 11). Defined entities are also required every four years to use their audit data to inform strategies and measures to address the gender pay gap and other gender equality indicators in their Gender Equality Action Plans (GEAP) (section 10). The Committee notes the establishment of the Commission for Gender Equality in the Public Sector (CGEPS) to support the Public Sector Gender Equality Commissioner (Commissioner), who is responsible for education, overseeing the implementation of the GE Act, enforcing compliance and playing a key leadership role in promoting gender equality in Victorian workplaces and communities. The Committee requests the Government to provide information on the application in practice of the Gender Equality Act 2020, including: (i) how the adoption of the GE Act has impacted the gender pay gap in the public sector in Victoria; and (ii) the implementation of the GE Act by the CGEPS and the Commissioner, in particular specific strategies and measures undertaken to address any identified gender pay gaps.. The Committee also asks the Government to provide information on the measures in place to ensure that the principle of the Convention is applied to public entities with less than 50 employees.

Western Australia. The Committee welcomes the adoption of the Industrial Relations Legislation Amendment Act 2021 (IRLA Act), which amends the Industrial Relations Act 1979 (IR Act) to include new equal remuneration provisions. The new equal remuneration provisions in Part II Division 3B of the IR Act enable the Western Australian Industrial Relations Commission (WAIRC) to make an equal remuneration order on application from a range of parties, including an individual employee or a group of employees. The Committee notes that the IRLA Act defines equal remuneration as “equal remuneration for men and women for work of equal or comparable value”. Pursuant to section 50A of the IR Act, the WAIRC is also formally required to include an equal remuneration principle in the statement of principles it issues each year when reviewing and adjusting minimum rates of pay for employees in the State industrial relations system. The equal remuneration principle must be applied whenever the WAIRC is determining an application for an equal remuneration order or is otherwise dealing with an equal remuneration matter. The Government adds that when the WAIRC is satisfied that an employee does not receive equal remuneration, it must make a remuneration order. An equal remuneration order may direct any action that the WAIRC considers appropriate, including (but not limited to): (1) reclassifying work; (2) establishing new career paths; (3) implementing changes to incremental pay scales; (4) providing for an increase in remuneration rates; and (5) reassessing definitions and descriptions of work to properly reflect the value of the work. An equal remuneration order may introduce equal remuneration measures immediately, or progressively in stages. The Committee further notes the Government’s indication that, in 2019, the WAIRC introduced an equal remuneration principle in its statement of principles to assist parties in furthering equal remuneration matters. The Government also indicates that, following enactment of the IRLA Act, minor revisions were made to the equal remuneration principle in 2022, to ensure it remains consistent with the new equal remuneration provisions of the IR Act. The Committee asks the Government to provide information on the application in practice of the IRLA Act, including on the number of equal remuneration orders made by the WAIRC relating to the principle of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) received on 10 October 2018.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee previously welcomed the measures taken by the Government to narrow the gender pay gap while observing that it remained high, being estimated at 17.9 per cent in 2015. The Committee notes that, according to the ACTU, there has been limited progress towards pay equity as the gender pay gap remains high, together with the gap in retirement savings. The ACTU indicates that, for 2016–17, the full-time gender pay gap was 15.3 per cent, and women’s average full-time base salary across all industries and occupation was 17.3 per cent less than that of men. On average, according to the ACTU, taking into account full time total remuneration, men still earn 22.4 per cent more than women per year. The ACTU also indicates that women face discrimination in hiring practice and start their careers at a pay disadvantage. The ACTU adds that the current pay setting methods affect women’s pay and other conditions as many women are in occupations or industries that are dependent on awards and are not empowered to bargain with employers. The Committee notes the Government’s indication, in its report, that, since 2014, the gender pay gap for average weekly earnings of full-time adult employees decreased from 18.5 to 14.5 per cent in May 2018. The Government however acknowledges that the causes of the gender pay gap are various and complex as they encompass a broad range of factors including: (i) women and men working in different industries and different jobs, with industries and jobs where women workers are predominant attracting lower wages; (ii) discrimination and bias in hiring and pay decision; (iii) women’s disproportionate share of unpaid caring and domestic work; (iv) lack of workplace flexibility to accommodate caring and other responsibilities, especially in senior roles; (v) women’s more “precarious attachment to the workforce” (largely due to their unpaid caring responsibilities); (vi) women’s greater time out of the workforce impacting career progression and opportunities; and (vii) differences in education, work experience and seniority. The Committee notes the Government’s statement that, as highlighted in the report released on July 2017 “Towards 2025: An Australian Government strategy to boost women’s workforce participation”, several measures were taken to address factors that drive pay inequity, such as ensuring affordable, accessible and flexible childcare, improving workplace flexibility and strengthening women’s economic security. The Government indicates that through the Workplace Gender Equality Agency (WGEA), the Government works closely with private sector employers to narrow the gender pay gap, providing a number of resources aimed at promoting pay equity and improving the ability of women and men to combine paid work and caring responsibilities. The Government underlines that the “Balancing the future: The Australian Public Service gender equality Strategy for 2016–19”, which is currently implemented, recognizes that the low representation of women in leadership positions contributes to the gender pay gap and requires every public agency to set targets for gender equality in such positions and to boost gender equality more broadly in the public service. Welcoming this information, the Committee notes however that, in its 2017 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights expressed specific concerns about limited progress achieved in closing the gender wage gap, which is attributed to persistent industrial and occupational sex segregation, and the concentration of women in low-paid sectors and in part-time work (E/C.12/AUS/CO/5, 11 July 2017, paragraph 25). It further notes that, in its 2018 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned about: (i) industrial and occupational segregation which, together, account for 30 per cent of the 15.3 per cent gender pay gap; (ii) the lack of obligations on employers regarding flexible working arrangements, which contributes to the overrepresentation of women in part-time work and lower-paid sectors; and (iii) the average superannuation balance for men which is 37 per cent higher than for women, and puts women at a particularly high risk of poverty and homelessness in old age (CEDAW/C/AUS/CO/8, 25 July 2018, paragraph 43). The Committee asks the Government to provide information on the measures implemented to address the gender pay gap by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, their role in the family and the concentration of women in low-paid sectors and part-time work, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. It asks the Government to provide information on any assessment made of such measures and their effective impact in addressing the gender pay gap. The Committee asks the Government to provide information on the obligation of employers regarding flexible work arrangements. Last, the Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Referring to its previous comments requesting information about the impact of various initiatives undertaken in Queensland to attract and retain women in the minerals industry where a significant gender pay gap exists, the Committee notes the Government’s commitment to support the Queensland Resources Council/Women in Mining and Resources Queensland Mentoring Programme for a further three years until 2020, including an expansion of the program in 2019 to include girls enrolled in the Queensland Mineral and Energy Academy. It further notes that an initiative called “Towards Gender Parity: Women on Boards Initiative” is being implemented to support organizations to enhance women’s representation on boards, with a focus on industries where men are most represented, such as natural resources, technology, engineering and science industries. The Committee notes the Government’s statement that gender pay equity is identified as one of the key components for the advancement of gender equality under the Queensland Women’s Strategy 2016–21, and that a gender pay equity review across the public sector was conducted in this framework in 2017. It notes that the Queensland Public Service Commission developed a five-year strategy “50/50 on equal footing: Queensland public sector gender equity strategy 2015–20” to support gender equity for the public sector. The Committee notes, from the March 2018 workforce report published by the Queensland Public Service Commission, that while women and men receive the same salary for the same classification job, the full-time equivalent average annual earnings for women was 9,307 Australian dollars (AUD) lower than those of men. The report adds that women are massively concentrated in lower paid jobs, whereas it is estimated that they represent 37.3 per cent of the incumbents of senior executive and equivalent level positions. The Committee, once again, asks the Government to provide information on the concrete impact of the initiatives implemented to attract and retain women in the minerals industry, including the effect it has had on the gender pay gap in the industry. It also asks the Government to continue to provide information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

With regard to New South Wales, the Committee notes that the State’s Strategy for 2018–22 for advancing economic and social equity, recognizes that women working full-time earn on average AUD239.70 less than men per week, with women being over-represented among lower-paying industries. It notes that, in the framework of the New South Wales Women’s Strategy for 2018–22, the Year One Action Plan provides for an exploratory review in the public service of pay parity for specific categories of workers. The Committee asks the Government to provide information on the concrete measures implemented, in particular in the framework of the New South Wales Women’s Strategy for 2018–22, to address the gender pay gap, as well as on their impact.

With regard to Victoria, the Committee notes the setting-up in March 2017 of the Equal Workplace Advisory Council (EWAC), in the framework of Victoria’s Gender Equality Strategy of 2015, to provide advice to the Minister for Industrial Relations on initiatives that will address the gender pay gap. It notes that EWAC developed a gender equality pledge and that, in March 2018, several public and private sector representatives committed to such pledge in order to address gender equity by using tools that find the causes of gender pay gaps and to implement plans to redress such gaps. The Committee notes that the Victorian Public Sector has a gender pay gap of 12 per cent as a result of women being mostly concentrated in areas traditionally dominated by women, such as junior clerical roles, education aids, nurses, teachers and welfare support workers. The Government indicates that, as a result of its commitment to promote and encourage the appointment of women to Government boards, between March 2015 and June 2018, 52 per cent of all new board appointments were women, increasing the representation of women overall from 39 to 53 per cent of positions on paid Victorian Government boards. The Committee further notes that a pilot gender equity audit is underway, with the assistance of the EWAC, and will provide objective, measurable evidence on performance and progress across several gender equity indicators including pay equity, recruitment and promotion, and flexible working arrangements. The Committee asks the Government to provide information on the nature and impact of the measures implemented and initiatives envisaged, including by the Equal Workplace Advisory Council, to address the gender pay gap and its underlying causes such as vertical and horizontal occupational gender segregation. It asks the Government to provide information on the results of the gender equality audit, in particular concerning the pay equity indicators.

Referring to its previous comments where it requested the Government to indicate how many agencies in Western Australia had undertaken pay equity audits as a result of the Pay Equity Unit (PEU)’s recommendations, the Committee notes the Government’s indication that the PEU was closed on 30 June 2015 as a result of the reduced demand for pay equity services from private sector organizations, following the introduction of the Workplace Gender Equality Act 2012 and the fact that information and assistance on pay equity strategies are available from the federal WGEA. The Government adds that workplace gender equality resources developed by the PEU, including the pay equity audit tool, are still available for public and private sector organizations but data on whether organizations are using this tool or other resources to undertake pay equity audits is not being collected. The Committee asks the Government to provide information on any measures adopted in Western Australia to address the gender pay gap, as well as on their impact. It also asks the Government to provide information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Low-paid assisted bargaining and minimum wages. In its previous comment, the Committee noted the ACTU’s views that the provisions of the Fair Work Act 2009 relating to low-paid assisted bargaining are subject to significant limitations which impede the capacity of these provisions in practice to provide access to collective bargaining for low-paid workers and thereby limit their potential to promote equal remuneration for work of equal value because the majority of low-paid employees are women. The Committee asked the Government to provide information concerning the implementation of these provisions and its impact on pay equity as well as on any other developments in relation thereto. It notes the Government’s indication that there have been no changes to the low-paid bargaining provisions and that there have been no further applications for low-paid bargaining authorisations made to the Fair Work Commission since the last reporting period. According to the ACTU, this demonstrates that, as the current provisions are unable to provide an effective means of promoting equal remuneration for work of equal value, unions have abandoned pursuing this avenue. The ACTU reiterates that amendments to the Fair Work Act are required to address this situation, as the simplification of current rules and facilitation of collective bargaining is an essential element of achieving gender equality at work. The Committee asks the Government to provide information on any assessment made of the provisions of the Fair Work Act of 2009 on low-paid bargaining and their impact on pay equity, as well as any measures taken or envisaged to implement, in practice, the principle of the Convention.

Minimum wages and the equal remuneration principle. In its previous comment, the Committee noted that the Fair Work Commission is responsible for setting and reviewing modern awards and minimum wages for Australian workers and must, in this regard, take into account the principle of equal remuneration. The Committee notes the ACTU’s indication that the Minimum Wages Expert Panel of the Fair Work Commission has not been able to give much weight to the fact that an increase in minimum wages is likely to promote pay equity. The ACTU adds that, in determining the minimum wage increases 2016–17, the Panel indicated that “the application of the principle of equal remuneration for work of equal or comparable value is such that it is likely to be of limited relevance in the context of the review […]. Review proceedings are of limited utility in addressing any systemic gender evaluation of work”. The Committee also notes that the Government indicates that, while the principle of equal remuneration was found likely to be of “only limited relevance in the context of a Review” by the Expert Panel in the Annual Wage Review decision of 1 June 2018, the Expert Panel also accepted “that moderate increases in the national minimum wage and modern award minimum wages would be likely to have a relatively small, but nonetheless beneficial, effect on the gender pay gap.” (Annual Wage Review 2017–18 Decision [2018] FWCFB 3500, paras 35–38). The Committee asks the Government to continue to provide information on the manner in which the principle of equal remuneration is taken into consideration in practice in the determination of minimum wage and the impact of minimum-wages decisions on the gender pay gap.

Equal remuneration orders. The Committee notes that the Fair Work Act provides that the Fair Work Commission may make equal remuneration orders that “it considers appropriate to ensure that, for the employees to whom the order will apply, there will be equal remuneration for work of equal or comparable value” (section 302 of the Act). The Committee notes that in its report the Government indicates that the Fair Work Commission may make equal remuneration orders but has not provided further detail in this regard. The Committee also notes the ACTU’s indications that the pursuit of equal remuneration orders has proved to be extremely costly, time consuming, highly adversarial and an ineffective process. The ACTU indicates that this is demonstrated by the decision of the Fair Work Commission to dismiss the application by the Australian Education Union and United Voice for Equal Pay for the children’s services and early childhood industry. The ACTU indicates that the interpretation of the provisions of the legislation by the Fair Work Commission is unduly narrow and that the above case demonstrates not only that there is a need for legislative amendment to ensure that the equal remuneration provisions are strong, clear and effective, but also that they must be supported and appropriately implemented by key institutional actors, such as the Federal Government and Fair Work Commission. The ACTU also indicates that legislative amendment is required to ensure that the Fair Work Commission has broad powers to make orders to remedy gender inequality. The Committee therefore requests the Government to provide its comments regarding the ACTU’s observations, in particular information regarding the practical operation of section 302 of the Fair Work Act, which gives the Fair Work Commission power to make equal remuneration orders. The Committee requests the Government to provide information regarding the number and nature of the cases (indicating the groups of employees and the work undertaken by them and the relevant sectors) in which an application has been made for equal remuneration orders, their outcome, the reasons for the results and their impact in light of the achievement of the principle of the Convention requiring equal pay for work of equal value. The Committee also requests the Government to indicate any measures, including legislation, envisaged in order to achieve full implementation in law and practice of the principle of the Convention in this respect.

Enforcement. The Committee notes that the WGEA continues its work with employers to help them comply with the reporting requirements under the Workplace Gender Equality Act 2012, and uses the reporting data to develop educational Competitor Analysis Benchmark Reports based on six gender equality indicators. It further notes that the Fair Work Ombudsman continues to promote the principle of equal remuneration for work of equal value through the resources provided on its website, including delivering tailored advice and information regarding the Equal Remuneration Order. The Fair Work Ombudsman’s Pay and Conditions Tool (PACT) reflects updated rates of pay following the Equal Remuneration Order and all other relevant Fair Work Commission decisions. The Committee notes that the ACTU highlights that the institutions and legal instruments designed to reduce pay inequality have not been sufficiently resourced. The ACTU indicates that the Fair Work Ombudsman confirmed the high levels of non compliance with workplace instruments and the underpayment of wages and legal entitlements especially among small-sized employers. The Committee asks the Government to provide information on the nature of the training and awareness-raising activities carried out by the Workplace Gender Equality Agency and the Fair Work Ombudsman concerning the promotion and enforcement of the principle of equal remuneration between men and women for work of equal value, and the results achieved. It also asks the Government to provide information on the awards and decisions of the Fair Work Commission, as well as on the number, nature and outcome of any cases or complaints concerning pay inequality dealt with by the labour inspectors, the courts or any other competent authority.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU), received on 10 October 2018.

Articles 1 and 2 of the Convention. Legislative developments. The Committee previously welcomed the adoption of the Workplace Gender Equality Act of 2012 (the Act), under which all non-public sector employers with more than 100 employees must report annually to the Workplace Gender Equality Agency (WGEA) against a set of gender equality indicators, including equal remuneration between women and men. It noted that, following the amendments made in 2015 to the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1), with the aim of streamlining workplace gender equality reporting requirements in response to the difficulties encountered by businesses in complying with the former requirements (employers were no longer required to report on several elements concerning remuneration), a working group of stakeholders had been established to identify ways of improving data collection. The Committee requested the Government to provide information on the composition of the working group, the outcome of its discussions and any follow-up action taken. The Committee notes the Government’s statement, in its report, that the non-manager working group was tasked with ensuring that reporting on standardized occupational categories and remuneration met the intended purpose of identifying disparities at the workplace level, so that the data is useful for benchmarking and for employers to improve gender equality in the workplace, which is consistent with the Act’s objectives and the principle of the Convention. The working group identified Standard Business Reporting (SBR) as the best option to meet the dual aims of reducing the reporting burden on employers while improving data quality. The Workers’ group recommended that an SBR pilot be developed and tested by the WGEA to investigate how an SBR-like solution could work for reporting under the Act. The Government adds that the options tested were not viable at that time. Referring to the amendments made in 2015 to the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1), the Government indicates that the amendments reflected extensive consultation, following the Workplace Gender Equality Reporting Regulation Impact Statement (2015), which assessed the burden of reporting as quite high, to the extent that it was affecting data quality. The Government states that the 2013 Instrument requires reporting on additional data including appointments, promotions and resignations, as well as the proportion of employees ceasing employment before returning to work from parental leave. Furthermore, data continue to be collected on flexible working arrangements, as well as gender-specific access to parental leave and support for caring. The Committee notes the Government’s indication that the WGEA 2016–17 dataset indicates that there has been a 10.8 percentage points rise in the proportion of employers analysing their remuneration data for gender pay gaps, and that the proportion of organizations with specific pay equity objectives in their remuneration policy and/or strategy has doubled over the last three reporting periods. In 2017, in accordance with the Workplace Gender Equality Act 2012, the WGEA reported on progress achieved in relation to the gender equality indicators in its 2014–16 Progress Report to the Minister. The Report indicated that compliance with the Act remains strong at about 99 per cent. The Report also noted that the value of the data is becoming widely recognized by employers and the research community. The Committee however notes the ACTU’s reiterated concerns regarding the reporting process implemented under the WGEA and its indication that it is neither rigorous nor detailed enough, as companies do not have to disclose actual pay data, but merely to tick a box advising whether or not they have an equal remuneration policy in place. The ACTU adds that companies, including those with fewer than 100 employees, should be required to provide detailed information on wages to enable a proper assessment of the causes, effects and drivers of the gender pay gap. The Committee asks the Government to provide information on the steps taken to evaluate, in collaboration with workers’ and employers’ organizations, the amendments made to the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) in light of the objectives of the Workplace Gender Equality Act, 2012 and the principle of the Convention. It asks the Government to provide information on any measures taken or envisaged to improve data collection on remuneration from companies, including those that employ fewer than 100 employees, and ensure the effectiveness of the reporting process implemented under the Workplace Gender Equality Act of 2012, including as a result of the recommendations made by the multi-stakeholders working group.

With regard to Queensland, the Committee welcomes the adoption of the Industrial Relations Act 2016 (IR Act), which entered into force on 1 March 2017 and covers only public sector workers and those who work for municipal councils in Queensland, as well as of the Industrial Relations Regulations 2018, which entered into force on 1 March 2018. It notes more particularly that the Queensland Industrial Relations Commission shall ensure equal remuneration for work of equal or comparable value, including by establishing and maintaining a system of non discriminatory awards; supervising the bargaining of agreements and certifying those agreements; and making equal remuneration orders to ensure that employees covered by the order receive equal remuneration when the Commission is not satisfied that an award or agreement provides equal remuneration (sections 4(j), 141(2)(d), 143(1)(c), 201, 245–259, and 447(1) of the IR Act). The Committee asks the Government to provide information on the practical implementation of the Industrial Relations Act 2016 and the Industrial Relations Regulations 2018, including on the measures taken by the Queensland Industrial Relations Commission to ensure equal remuneration for work of equal value in awards, agreements and through equal remuneration orders in accordance with the obligations imposed by the Convention. It asks the Government to provide information on any difficulties encountered in the implementation of the Act and the Regulations, as well as the measures taken or envisaged to overcome them.

With regard to Victoria, the Committee notes that a Gender Equality Bill 2018, containing new obligations for the Victorian public sector to plan and report on gender equality, has been released for public consultation. The Committee asks the Government to provide information on any progress made towards the adoption of the Gender Equality Bill 2018 and to provide a copy once adopted.

With regard to Western Australia, the Committee notes that, in September 2017, the Ministerial Review of the State Industrial Relations System (the Review) was established in order to, inter alia, consider including an equal remuneration provision in the Industrial Relations Act 1979 (the IR Act), which applies to State public sector workers, municipal council workers and other workers in Western Australia not covered by the Fair Work Act, 2009. It notes that, on July 2018, the Review released its final report in which it recommended amending the IR Act to: (i) include an equal remuneration provision based on the model of the Queensland Industrial Relations Act 2016; and (ii) require the Western Australian Industrial Relations Commission (WAIRC), established under the IR Act, to develop an equal remuneration principle to assist parties in bringing applications pursuant to the equal remuneration provisions. The Committee notes that the final report was tabled in the state Parliament on 11 April 2019. The Committee asks the Government to provide information on any progress made towards the inclusion of an equal remuneration provision in Western Australian legislation, in particular by amending the Industrial Relations Act 1979, as well as the development of an equal remuneration principle by the Western Australian Industrial Relations Commission.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) of 22 September 2015.

Article 2 of the Convention. Gender pay gap. According to the ACTU, the most recent data on average weekly earnings collected in May 2015 shows that the gender pay gap is 17.9 per cent and that the gap has continued to grow in recent years. The Government acknowledges that there is a considerable pay gap, the causes of which are complex and influenced by a number of interrelated factors including workforce composition, differences in family/caring responsibilities and societal factors. It indicates that it is committed to improving the economic outcomes for women and increasing workforce participation rates. The Committee notes that, various initiatives have been undertaken with a view to closing the gender pay gap. These include: (i) a campaign promoting women in leadership, including the development of a toolkit containing practical suggestions and examples of workplace strategies to improve women’s representation and leadership in male-dominated roles in male-dominated industries; (ii) the development and twice yearly publication of Gender Indicators Australia by the Australian Bureau of Statistics; (iii) the collection of data in the Australian Workplace Relations Study (AWRS) and a follow-up conference to disseminate and discuss results; and (iv) a Jobs and Families package in the 2015–16 budget, following a review of the childcare system conducted by the Productivity Commission. The Committee welcomes the establishment of the Pay Equity Unit within the Fair Work Commission (previously Fair Work Australia), following a recommendation in the report of the House of Representatives Standing Committee entitled: “Making it Fair: Pay Equity and Associated Issues related to increasing female participation in the workforce (2013)”. The Pay Equity Unit commissioned the Equal Remuneration under the Fair Work Act 2009 report (2013–14), which explains key constructs, identifies the usefulness of materials for equal remuneration proceedings and directs parties to key resources which may be relevant to an equal remuneration case. The Pay Equity Unit has also provided support in 2013–14 in relation to the equal remuneration case for childcare workers. The Workplace Gender Equality Agency (WEGA) has also developed a wide range of resources, including benchmark reports, enabling relevant organizations to understand their relative performance on six gender equality indicators, and a pay gap calculator to assist organizations to conduct a payroll analysis and identify and analyse the causes of the various types of gender pay gaps. The Committee also notes that the Senate Standing Committee on Finance and Public Administration has also recently established an Inquiry into Gender Segregation in the Workplace and its Impact on Women’s Equality, which is due to report on 30 March 2017. The Committee welcomes measures aimed at narrowing the gender pay gap but notes that it remains high, at 17.9 per cent. The Committee asks the Government to monitor the impact and effectiveness of the above initiatives and measures on the gender pay gap, and to continue providing information on measures taken with a view to closing the gender pay gap and their outcomes.

With regard to Western Australia, where (as the Government previously noted) the gender pay gap is even more pronounced, the Committee notes that in 2012, 2013 and 2014 the Western Australia Pay Equity Unit (PEU) prepared its annual series of reports informing the largest public sector agencies of their gender pay gap and recommending pay equity audits to redress any imbalance. The PEU also provides information, training and support to agencies wishing to undertake audits. The Committee requests the Government to provide information on how many agencies in Western Australia have undertaken pay equity audits as a result of the PEU’s recommendations, the findings of these audits, and any action taken as a result of these audits.

In relation to its previous comments requesting information about the impact of various initiatives undertaken in Queensland to attract and retain women in the minerals industry, and various surveys (including the Australian Institute of Minerals and Metallurgy Remuneration and Work Practices Survey Reports), the Committee notes the Government’s indication that no response was available from the Queensland Government. The Committee again requests the Government to provide information on the impact of initiatives to attract and retain women in the minerals industry, including the effect it has had on the gender pay gap in the industry. It also requests the Government to provide information on any measures taken or envisaged as a follow-up to various surveys conducted.

Low-paid assisted bargaining and minimum wages. The Committee notes that the ACTU reiterates its concern that the provisions of the Fair Work Act 2009, relating to low-paid assisted bargaining are subject to significant limitations which impede the capacity of these provisions in practice to provide access to collective bargaining for low-paid workers and thereby limit their potential to promote equal remuneration for work of equal value because the majority of low-paid employees are women. The ACTU reiterates that amendments to the Fair Work Act are required to address this. The Government indicated that the post-implementation review report of the Fair Work Act 2009, published in August 2012, stated that as the low-paid bargaining provisions are in their infancy, it is not yet possible to assess their effectiveness in meeting their objectives. In the same report, in response to concerns raised by an employee organization regarding the first decision of the Fair Work Commission to issue a low-paid authorization that excluded employers who already had an enterprise agreement, the review stated “that [the Fair Work Commission] has discretion as to whether to include employers to which agreements have already applied [in a low-paid authorisation]”. The Committee also notes that The Workplace Relations Framework, Final Report, (Volume 2, page 996) of the Productivity Commission released in December 2015 refers to OECD evidence that countries like Australia with flexible wage-setting arrangements show increased wage dispersion. While observing that the low-paid bargaining provisions are one of the few instances in Australia where multi-employer bargaining is allowed, the Productivity Commission cited without further comment the view that “current evidence seems to suggest that the low paid stream will not be a mechanism that, on its own or in its current form, will erase the low pay sector”. The Committee asks the Government, in cooperation with the social partners, to continue providing information concerning the implementation of the low-paid bargaining provisions and its impact on pay equity as well as on any other developments in relation to these provisions of the Fair Work Act of 2009.

The Committee further notes the Government’s indication that the Fair Work Commission is responsible for setting and reviewing modern awards and minimum wages for Australian workers and must, in this regard, take into account the principle of equal remuneration. In the Annual Wage Review decision of the Fair Work Commission of 2 June 2015, the principle of equal remuneration was found to be a factor supporting an increase in the national minimum wage and award classification wages. The Fair Work Commission stated that “Women are disproportionately represented among both the low paid and the award-reliant and hence an increase in minimum wages is likely to promote pay equity”. In regard to minimum wages, the Committee requests the Government to continue providing information on how the principle of equal remuneration is taken into account in the determination of minimum wage and the impact of minimum-wage decisions on the gender pay gap.

Enforcement. Pay equity cases. The Committee recalls that, the Full Bench of Fair Work Australia’s Equal Remuneration Order of February 2012, which awarded pay increases to the social and community services sector (SACS), is to be phased in over eight years and to be realised by 2020. In order to facilitate the implementation of the Order, the Committee notes the Government’s indication that the Fair Work Ombudsman continues to promote the principle of equal remuneration for work of equal value through the resources provided on its website, including delivering tailored advice and information regarding the Equal Remuneration Order. In particular, the Committee notes the Pay and Conditions Tool (PACT) which deals with the rates of pay both under the Equal Remuneration Order and relevant Queensland pay equity regulations. The tool allows employers and employees who are covered by these Orders to undertake the calculation of wages and other entitlements in one place. The Committee further notes from the Government’s report that, following the Equal Remuneration Order of February 2012, the Western Australian Industrial Relations Commission (WAIRC) granted an application to increase wage rates in the social and community services sector in the Western Australian State jurisdiction on a level equivalent to those granted by Fair Work Australia’s Equal Remuneration Order of 2012. Furthermore the Commonwealth Government announced in 2014 that it will provide over $97 million in supplement to eligible service providers as a result of the WAIRC’s decision. The Committee also notes that a further two applications have been lodged with the Fair Work Commission for an equal remuneration order in 2013, firstly, by United Voice and the Australian Education Union (Victorian Branch) and secondly, by the Independent Education Union of Australia. The unions of concern are seeking an equal remuneration order for approximately 103,000 child care workers and teachers, working in long day care centres and preschools. Throughout 2013–14, the Fair Work Commission received written and oral submissions from parties on legislative and conceptual issues relevant to the equal remuneration provisions of the Fair Work Act 2009. The Committee asks the Government to provide information on the decision and outcome of the two applications made to the Fair Work Commission and any implications thereof on addressing equal remuneration in the sectors of concern in practice. The Committee also asks the Government to continue providing information on the awards and decisions of Fair Work Commission and of the courts and state commissions. The Committee also requests the Government to continue to provide information on the activities conducted by the Fair Work Commission concerning the promotion and enforcement of equal remuneration for work of equal value, and the results achieved.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) of 22 September 2015.

Article 2 of the Convention. Legislative developments. In its previous comments, the Committee welcomed the adoption of the Workplace Gender Equality Act 2012, under which all non-public sector employers with more than 100 employees must report annually to the Workplace Gender Equality Agency (WGEA) against a set of gender equality indicators, including equal remuneration between women and men. The Government reports that the WGEA received 4,352 reports from more than 11,000 employers in 2014. With the reporting data, the WGEA develops and produces confidential customized benchmark reports to help employers understand their relative performance against different comparison groups and the WGEA provides advice and assistance to employers in relation to promoting and improving gender equality in the workplace. In this regard, the Committee notes the WGEA’s Gender Strategy Toolkit which has been developed to help organizations leverage the value of the benchmark data in a strategic, structured and sustainable way. The Committee also notes that the employer is under an obligation to inform its employees and relevant employee organizations that the report has been sent to the WGEA and they have the opportunity to comment on the report to the employer or WGEA. The Committee notes from the Government’s report that amendments have been made to the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) with the aim of streamlining workplace gender equality reporting requirements from the 2015–16 reporting period onwards while still meeting the gender policy objectives of the legislation. The Committee notes the observations made by the ACTU that the amendments water down the reporting requirements under the legislation. According to the ACTU, employers are no longer required to report on: the remuneration of, among others, chief executive officers (CEOs) or equivalent, key management personnel above the CEO and managers employed on a casual basis, the remuneration of workers engaged on the basis of a contract for services (including independent contractors and agency (labour hire) employed staff), or the annualized average full-time components of total remuneration. Furthermore, information relating to the number of applications and interviews conducted, and to the number of requests made and approvals granted for extensions of paid leave, is no longer collected. The Committee notes that the Government and the ACTU indicate that these changes were made in response to difficulties encountered by businesses in complying with the former requirements, and that a working group of stakeholders has been established to identify ways of improving data collection. The Committee emphasizes that the principle of the Convention applies to “all workers”. The Committee requests the Government to provide information regarding the composition of the working group, the outcome of its discussions and any follow-up action taken. The Committee also requests the Government, in cooperation with the social partners, to evaluate the amendments made to the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) in light of the Act’s objectives and the principle of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) of 31 August 2012.

Legislative developments. The Committee recalls that, as of 1 January 2010, the States, with the exception of Western Australia, have referred their industrial relations powers to the Commonwealth. Thus the Fair Work Act of 2009 applies to all employers and employees in Victoria, the Northern Territory and the Australian Capital Territory; to private sector employers in New South Wales, Queensland, South Australia and Tasmania; local government employers in Tasmania; and national system employers and employees in Western Australia. The Committee notes the Government’s indication that a post-implementation review of the Fair Work Act of 2009 was undertaken by an independent panel of experts in 2012. With regard to the Commonwealth anti-discrimination acts consolidation project under the Human Rights Framework, which was launched in April 2010, the Committee notes the Government’s indication that the Senate Legal and Constitutional Affairs Committee released its inquiry report on the “exposure draft” of the Human Rights and Anti-discrimination Bill on 21 February 2013, and that the Government is now considering this report.

The Committee notes with interest the enactment of the Workplace Gender Equality Act on 6 December 2012, incorporating all amendments to the Equal Opportunity for Women in the Workplace Act No. 91 of 1986. As a result, the Act now makes specific reference to Convention No. 100 (section 5(9)), relevant employers (those in the higher education sector, and those with more than 100 employers) are required to prepare a public report relating to the gender equality indicators, including equal remuneration between women and men (sections 3(1)(c) and 13(1)), and the Minister will, by legislative instrument, set minimum standards in relation to specified gender equality indicators by 1 April 2014 (section 19(1)).

The Committee recalls the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 of New South Wales, providing that equal remuneration for men and women doing work of equal or comparable value is a paramount policy under the wage-fixing principles (section 5), and providing for the constraints on increases in remuneration subject to compliance with the paramount policies (section 6). It notes the Pay Equity Audit Report 2011 by the New South Wales Public Sector Workforce, attached to the Government’s report, and the Government’s indication that the legislative changes do not prevent unions, on behalf of public sector employees, from bringing cases for equal remuneration before the New South Wales Industrial Relations Commission. The Committee notes that in Queensland, Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulation 2012 (No. 1), which came into force on 9 February 2012, provides for a prescribed source pay equity order made by the Queensland Industrial Relations Commission (section 3.03C), and transitional pay equity orders (section 3.03A). The Committee asks the Government to provide information on the following:

• (i) the application in practice of the Fair Work Act of 2009 with respect to the implementation of equal remuneration for men and women for work of equal value;
• (ii) the progress made in the anti-discrimination consolidation project and other initiatives under the Human Rights Framework, as they relate to the principle of the Convention, including any follow-up to the Senate Committee’s inquiry report;
• (iii) the practical application of the Workplace Gender Equality Act of 2012, including any consideration given to clarifying that the gender equality indicator on equal remuneration between women and men includes the concept of “work of equal value”;
• (iv) the practical application of section 5 of the New South Wales public service regulation, and to indicate how it is ensured, in the light of the constraints set out in section 6 of this legislation, that the principle of equal remuneration for men and women for work of equal value is fully applied in practice, including information on any cases brought before the New South Wales Industrial Relations Commission; and
• (v) the practical application of Queensland Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulation (No. 1) of 2012, including the impact of the prescribed source pay equity order and the transitional pay equity order on reducing the gender pay gap.

Gender pay gap. The Committee notes from the statistics of the Australian Bureau of Statistics of May 2012 that average weekly total cash earnings were 1,122.60 Australian Dollars (AUD) for all employees, AUD1,342.50 for male employees and AUD904.00 for female employees, showing that the gender pay gap was 32.66 per cent in 2012. Women working full time earned 17.95 per cent less than men working full time (based on average weekly total cash earnings). The Committee recalls that the ACTU urged the Government to implement the recommendations of the Senate Committee Inquiry into Pay Equity, and notes the Government’s indication that it is considering its response to the report of the House of Representatives Standing Committee on Employment and Workplace Relations.

The Committee also notes the Government’s indication that the gender pay gap in Western Australia is particularly high, at 16.4 per cent in the public sector (statistics from 2011). The Committee notes the Government’s indication that the Western Australia Pay Equity Unit assisted a number of private and public sector organizations to undertake pay equity audits, and audits were completed by nine organizations in the public sector, three universities and four organizations in the private sector. The Committee asks the Government to provide information on specific follow-up being given to the recommendations of the Australian Human Rights Commission in the report “2010 Gender Equality Blueprint” and to the recommendations of the House of Representatives Standing Committee on Employment and Workplace Relations, and any other measures taken or envisaged with a view to closing the gender pay gap. Noting the large gender pay gap in Western Australia, the Committee also asks the Government to consider taking more proactive measures to determine and address the causes of the gender pay gap, in both the public and the private sectors, and to provide information on specific steps taken in this regard. Please provide detailed information on the result of the pay equity audits conducted by the Western Australia Pay Equity Unit.

Minerals industry. The Committee recalls that a significant gender pay gap exists in the minerals industry, and that recommendations had been made on attracting and retaining women in this sector. The Committee notes the Government’s indication that a three-year project, which was led by the Australian Mines and Metals Association, and supported by the Government, commenced in June 2011 on helping enterprises to overcome barriers for women’s participation in the resource sector. Achievements of this project include the establishment of the Australian Women in Resources Alliance, a network for improving employment of women, and a pay equity special interest group, in response to the identified barriers to female participation in this sector as including the remoteness of the worksites, flexible work practices, return to work issues and pay equity.

The Committee recalls a similar initiative of the Queensland government in partnership with the Australian Institute of Minerals and Metallurgy (AusIMM) to analyse the results of a survey of members’ perceptions concerning gender pay equity, gender diversity and care giver responsibilities, and to prepare a report. The Committee notes a Gender Pay Equity and Work Practices in the Minerals and Metallurgy Sector report, and notes that the AusIMM Remuneration and Work Practices Survey Reports from 2007–09 show that female workers receive lower salaries at every level of responsibility, with a widening of the gap at higher levels of responsibility (in 2009, the gap was 36.8 per cent at the highest level of responsibility). The Committee also notes the Government’s indication that under the Women in Hard Hats initiative, various projects have been delivered aiming at awareness raising, skilling and retention of women in non-traditional employment. As a result, female participation in the Queensland mining industry has slowly been growing: as of May 2012, women constituted 15.9 per cent of the mining force, compared to 9.2 per cent in 2006, and 8.1 per cent in 2002. The Committee again asks the Government to provide information on the impact of the initiative to attract and retain women in the minerals industry, including the effect it has had on the gender pay gap in that industry. Please also provide any information on follow-up taken or envisaged to address the findings of the survey, including the Australian Institute of Minerals and Metallurgy Remuneration and Work Practices Survey Reports.

Minimum wages and low-paid assisted bargaining. The Committee recalls the observations by the ACTU indicating that women have unequal access to workplace bargaining and are over-represented in low-paid jobs dependent on minimum wages and conditions. The Committee also recalls the concerns raised by the ACTU concerning bargaining support for low-paid workers provided by the Fair Work Australia, and the decision in the first case brought under the low-paid bargaining provisions of the Fair Work Act preventing workers who were already covered by workplace agreements, despite the low wages and conditions, from accessing the assisted bargaining provisions. The ACTU indicates that the provisions should be amended to ensure low-paid workers on inferior collective agreements, including aged care workers, are not excluded from assisted bargaining. The Committee notes the Government’s indication that in its decision under the same low-paid bargaining case, Fair Work Australia ruled in August 2011 that employers with workplace agreements of significant vintage would still be included in the low-paid bargaining authorisation. The Committee also notes the Government’s indication that a post-implementation review of the Fair Work Act covers the low-paid bargaining provisions. The Committee asks the Government to provide detailed information on the result of the post-implementation review of the Fair Work Act, including concerning the low-paid bargaining provisions, and on the impact of the review on reducing the gender pay gap. The Committee also again asks the Government to provide information regarding how it is ensured in practice that, as required under the Fair Work Act, minimum wages are determined in accordance with the principle of equal remuneration for men and women for work of equal value.

Gender equality analysis and pay audits. The Committee recalls the observations by the ACTU concerning the need for more effective monitoring by the Equal Opportunity for Women in the Workplace Agency of pay equity. The Committee notes the statistical information provided by the Government on the number of companies, by size, reporting on pay equity. The Government indicates that 35.1 per cent of 2,334 companies undertook an annual gender pay equity analysis in 2011. The Committee also notes the statistical information provided by the Government on the findings of the New South Wales public service audit, according to which the gender pay gap in 2010 was 6.7 per cent. The Committee asks the Government to provide information on the practical application of sections 3(1) and 13(1) of the Workplace Gender Equality Act of 2012 concerning employers’ reporting obligation of equal remuneration between women and men, including the number of companies, by size, undertaking a reporting on pay equity, as well as information on any follow-up to the reports.

Enforcement. The Committee notes that the Workplace Gender Equality Agency now replaces the Equal Opportunity for Women in the Workplace Agency, pursuant to section 8A of the Workplace Gender Equality Act of 2012. The functions of the Agency now include reviewing compliance with the Act by employers, reviewing public reports by employers, including those on equality indicators, and dealing with those reports, and collecting and analysing information provided by employers (section 10(1)(c) and (d) of the Workplace Gender Equality Act of 2012). Consequences of non-compliance of this Act by employers include naming employers in an Agency report (section 19D of the Act). The Government also indicates that employers failing to comply with the Act may not be eligible to compete for contracts under the Commonwealth procurement framework, and may not be eligible for grants of other financial assistance by the Government. The Government further indicates that in the context of the anti-discrimination consolidation project, it is reviewing the roles and functions of the Australian Human Rights Commission, including the Sex Discrimination Commissioner. The Committee asks the Government to provide information on the practical application of the new sections of the Workplace Gender Equality Act of 2012 concerning enforcement, and on the progress made in reviewing the Australian Human Rights Commission with a view to improving monitoring and compliance of the principle of equal remuneration for men and women for work of equal value.

The Committee recalls the preliminary decision of the Full Bench of Fair Work Australia of 16 May 2011, considering an application by the Australian Services Union (ASU) and four other unions seeking an equal remuneration order for workers in the social and community services (SAC) sector pursuant to Parts 2–7 of the Fair Work Act. The Committee notes the Government’s indication that the Full Bench of Fair Work Australia handed down its decision on 1 February 2012 awarding wage increases of 23 to 45 per cent (including a 4 per cent loading) on the relevant minimum rates in the SAC sector modern award. On 22 June 2012, Fair Work Australia made the Equal Remuneration Order detailing the calculation and payment for each classification of worker under the decision. In addition, the Government is providing AUD1.2 million to develop the Social and Community Services Education and Information Program, including workshops, seminars, and pay tools, to help the sector transition to the Equal Remuneration Order. The Committee also notes a Best Practice Guide on gender pay equity published by the Fair Work Ombudsman, and notes the Government’s indication that the Fair Work Ombudsman will conduct a compliance campaign targeting the SAC sector and undertake a compliance audit within the sector following the commencement in December 2012 of equal remuneration payment based on the above decision. Welcoming the decision of Fair Work Australia regarding equal remuneration in the social and community services sector, the Committee asks the Government to continue to provide information on any further proceedings or settlement in this matter, and the implications thereof on addressing unequal remuneration in the sector in practice. The Committee also asks the Government to continue to provide information on the awards and decisions of Fair Work Australia and of the courts and state commissions. The Committee also again asks for information on any legal or administrative decisions at the state level relevant to the principle of the Convention. Please continue to provide information on the activities conducted by the Fair Work Ombudsman concerning promoting and enforcing equal remuneration for work of equal value, and the results achieved.

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

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) of 31 August 2011.

Legislative developments. The Committee previously noted the adoption of the Fair Work Act, 2009, and notes that, as of 1 January 2010, the States, with the exception of Western Australia, have referred their industrial relations powers to the Commonwealth. Thus, the Fair Work Act now applies to all employers and employees in Victoria, the Northern Territory and the Australian Capital Territory; to private sector employers in New South Wales, Queensland, South Australia and Tasmania; local government employers in Tasmania; as well as applying to national system employers and employees in Western Australia. The Government also refers to the recent enactment of the Sex and Age Discrimination Legislation Amendment Act, 2011, resulting in a specific reference being made to Convention No. 100 in the Sex Discrimination Act. The Committee also notes the Government’s indication that it has launched the Human Rights Framework, with the anti-discrimination consolidation project as a key element, aimed at the consolidation and streamlining of five Commonwealth anti discrimination Acts into a single comprehensive law. The Government also refers to the review of the Equal Opportunity for Women in the Workplace Act, 1999, with one of the objectives being to include an explicit reference to pay equity in the Act. The Committee also notes the adoption of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 of New South Wales, providing that equal remuneration for men and women doing work of equal or comparable value is a paramount policy under the wage-fixing principles (section 5). The Regulation goes on to provide that increases in remuneration that increase employee-related costs by more than 2.5 per cent per annum can only be awarded where sufficient employee-related cost savings have been achieved to offset fully the increase, though such policy is subject to compliance with the paramount policies (section 6).

The Committee asks the Government to provide information on the following:

• (i) the application in practice of the Fair Work Act with respect to the implementation of equal remuneration for men and women for work of equal value;
• (ii) the progress made in the anti-discrimination consolidation project and other initiatives under the Human Rights Framework, as they relate to the principle of the Convention;
• (iii) the status of the adoption of amendments to the Equal Opportunity for Women in the Workplace Act to include a specific reference to pay equity, and the impact of such amendments; and
• (iv) the implementation of section 5 of the New South Wales public service regulation, and to indicate how it is ensured, in the light of the constraints set out in section 6, that the principle of equal remuneration for men and women for work of equal value is fully applied in practice.

Gender pay gap. The Committee notes from the statistics of the Australian Bureau of Statistics of May 2011 that women working full time earn 17.7 per cent less than men working full time (based on adult ordinary time earnings), and that the gap has increased from 17.25 per cent in May 2010. Comparing the total earnings of all employees, the gap was 35.2 per cent in 2010 and 35.5 per cent in 2011. The Committee notes that the Government acknowledges that the gender wage gap is a continuing problem and that more needs to be done to reduce it. The ACTU also urges the Government to implement the recommendations of the Senate Committee Inquiry into Pay Equity, which to date has had no government response. The Committee notes that the Government indicates that it is currently considering its response to the report of the House of Representatives Standing Committee on Employment and Workplace Relations, with a view to closing the gender pay gap. According to information provided in the Government’s report, the gender pay gap in Western Australia is particularly high, at 25.2 per cent overall, and 16.3 per cent in the public sector (statistics from 2010). The Committee notes the Government’s indication that measures are being taken to address the gender pay gap in public sector agencies, by assisting them to undertake pay equity audits, which are voluntary, and promoting the pay equity audit tool. The Committee asks the Government to provide information on specific follow-up being given to the recommendations of the Australian Human Rights Commission in the report “2010 Gender Equality Blueprint” and to the recommendations of the House of Representatives Standing Committee on Employment and Workplace Relations, and any other measures taken or envisaged with a view to closing the gender pay gap. Noting the very large gender pay gap in Western Australia, particularly in the private sector, the Committee also asks the Government to take more proactive measures to determine and address the causes of the gender pay gap, in both the public and the private sectors, and to provide information on specific steps taken in this regard.

Minerals industry. The Committee had previously noted the significant gender pay gap in the minerals industry, and that recommendations had been made on attracting and retaining women in the minerals industry. The Government indicates that, in response to the recommendations, the Government has recently announced the “Attracting and retaining women in the resources and construction sector” initiative. Barriers to female participation in this sector have been identified as including the remoteness of the worksites, flexible work practices, return to work issues and pay equity. The Committee also notes a similar initiative of the Queensland government in partnership with industry to study industry-specific pay issues, including working with the Australian Institute of Minerals and Metallurgy and the Women in Mining Network to analyse the results of a survey and prepare a report on gender pay equity and work practices in the sector. The Committee asks the Government to provide information on the impact of the initiative to attract and retain women in the minerals industry, including the effect it has had on the gender pay gap in that industry. Please also forward a copy of the survey of the minerals, metallurgy and mining industries in Queensland, and provide any information on follow-up taken or envisaged to address the findings of the survey, in particular those related to pay equity.

Minimum wages and low-paid assisted bargaining. The ACTU indicates that women have unequal access to workplace bargaining and are over-represented in low-paid jobs dependent on minimum wages and conditions. The ACTU indicates further that the Fair Work Act may assist in promoting equal remuneration as it enables Fair Work Australia to provide bargaining support for low-paid workers who have not historically had access to benefits of collective bargaining and face substantial difficulty in bargaining at the enterprise level, many of whom are women due to their concentration in precarious employment, low-paid sectors and community or government-funded sectors. However, as the decision in the first case brought under the low-paid bargaining provisions prevented workers who were already covered by workplace agreements, despite the low wages and conditions, from accessing the assisted bargaining provisions, the ACTU considers that the potential to address workplace inequalities has been significantly limited. The Committee asks the Government to respond to the specific concerns raised by the ACTU regarding the application of the low-paid assisted bargaining provisions of the Fair Work Act. The Committee also asks the Government to provide information regarding how it is ensured in practice that, as required under the Fair Work Act, minimum wages are determined in accordance with the principle of equal remuneration for men and women for work of equal value.

Gender equality analysis and pay audits. The Committee notes that in the context of the reforms of the Equal Opportunity for Women in the Workplace Act and the Equal Opportunity for Women in the Workplace Agency (EOWA), the Government states that businesses with 100 or more employees will need to report on pay equity, and smaller organizations will be able to access the Agency’s advice, education and incentive activities. The Government considers that this will improve the ability of the EOWA to better identify where wage gaps are and where they are emerging to provide targeted assistance to business to address those gaps. The ACTU states that less than half of businesses that report to the EOWA conduct an annual gender equality analysis. The ACTU considers that continuing with the same EOWA scheme will only serve to perpetuate the gender wage gap. The Committee notes the information provided on the audit of pay rates in the New South Wales public service which has been undertaken with a view to identifying and analysing the gender pay gap, and included approximately 66,000 public sector employees. The Committee asks the Government to provide information on the concrete steps taken to ensure more effective monitoring by the EOWA of pay equity, and the results achieved. The Committee asks the Government to provide information on the number of companies, by size, undertaking a reporting on pay equity, and whether such process was undertaken voluntarily or pursuant to the mandatory provisions, as well as information on any follow-up to the reports. The Committee also asks the Government to provide information on the findings of the New South Wales public service audit, and the follow-up thereto, including any measurable impact on the gender pay gap.

Enforcement. The Committee also notes that in the context of the recently launched Human Rights Framework, the Government indicates that it has committed to considering the role and functions of the Australian Human Rights Commission, including the specific powers of the Sex Discrimination Commissioner. The Government also indicates that it is expected that the review of the EOWA will lead to stronger, fairer and more effective compliance measures. The Committee asks the Government to provide information on the progress made in reviewing the Australian Human Rights Commission and the EOWA with a view to improving monitoring and compliance of the principle of equal remuneration for men and women for work of equal value.

The Committee also notes that both the Government and the ACTU refer to the preliminary decision of the Full Bench of Fair Work Australia of 16 May 2011, considering an application by the Australian Services Union (ASU) and four other unions seeking an equal remuneration order for workers in the social and community services (SAC) sector pursuant to Part 2-7 of the Fair Work Act. Fair Work Australia found that workers in the SAC sector do not have equal remuneration when compared to workers employed in State and local governments who perform similar work and that gender had been important in creating the gap in pay. Fair Work Australia stated that it would provide the parties with an opportunity to make further submissions regarding the extent to which gender had inhibited wage growth in the sector and regarding an appropriate remedy and encouraged the parties to hold discussions with a view to reaching an agreement on the matter. The Committee notes that in its submission in the context of the case, the Commonwealth Government acknowledged that “those workers who care for our most vulnerable community members have been undervalued.” The Government indicates that it has established the community sector wage group, involving representatives from the federal, state and territory governments, employers and peak bodies in the SAC sector, and unions, to manage the potential implication of any wage increases. The ACTU points to the importance of this case since proof of discrimination against a male comparator was not required in order to establish pay inequity, and it determined unequal remuneration in a female-dominated industry where the value of work is undervalued because of a gendered perception of the value of the skills, qualifications and work being undertaken. The Committee also notes the decisions of the Queensland Industrial Relations Commission referred to in the Government’s report, resulting in two equal remuneration orders awarding wage increases of between 11–35 per cent to workers in the community service and disability services sector, finding that there had been historical undervaluation on gender grounds. Welcoming the decision of Fair Work Australia regarding equal remuneration in the social and community services sector, the Committee asks the Government to provide information on any further proceedings or settlement in this matter, and the implications thereof on addressing unequal remuneration in the sector in practice. The Committee also asks the Government to continue to provide information on the awards and decisions of Fair Work Australia and of the courts and state commission. The Committee also again asks for information on any determinations of the workplace authority relevant to the principle of the Convention, including how the fairness principle has been interpreted in this regard, and details regarding the role of the Office of the Workplace Ombudsman in promoting and enforcing equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Gender pay gap. The Committee notes the reference to the increasing gender pay gap in the Government’s report, as well as in the comments of the Australian Council of Trade Unions (ACTU). The Committee notes that according to the Australian Human Rights Commission in its report entitled “2010 Gender Equality Blueprint”, the gender pay gap is 18 per cent on the basis of full-time adult ordinary time earnings, and rises to 33 per cent if women’s part-time and casual earnings are considered. The report confirms that the gap has widened over the past four years. The Government acknowledges that the gender pay gap is a continuing problem and that more needs to be done to reduce it, including recognizing the range of factors contributing to the gap, including gender segregation in the labour market, women’s higher propensity to spend long periods out of the workforce or to work part time, and methods of setting remuneration. The Committee also notes that, in this context, the House of Representatives’ Standing Committee on Employment and Workplace Relations was asked to conduct an inquiry into pay equity. Its report entitled “Making it fair: Pay equity and associated issues related to increased female participation in the workforce” of November 2009, sets out a range of recommendations with a view to closing the gender pay gap, including proposing specific amendments to the Fair Work Act 2009, giving greater powers to the Sex Discrimination Commissioner to initiate complaints and act on wage discrimination, the establishment of a specialized Pay Equity Unit within Fair Work Australia, and improved data collection and analysis. The Australian Human Rights Commission in the Gender Equality Blueprint report also provides specific recommendations on closing the pay gap, including developing a national pay equity strategy and putting in place measures to promote greater transparency in relation to pay rates. The Committee also notes the Government’s indication in this context that it has committed to reviewing the Equal Opportunity for Women in the Workplace Agency. Welcoming the Government’s commitment to addressing the increasing gender pay gap, and the inquiries undertaken in this context, the Committee asks the Government to specify the follow-up being given to the recommendations of the Australian Human Rights Commission and the House of Representatives Standing Committee on Employment and Workplace Relations with a view to closing the gender pay gap, and the role of employers’ and workers’ organizations in such follow-up. Please also indicate progress made in the review of the Equal Opportunity for Women in the Workplace Agency, and any recommendations made and follow-up in this regard. Noting the report of the Australian Government Office of Women and the Minerals Council of Australia on attracting and retaining women in the Australian minerals industry, the Committee would welcome further information on the extent to which the recommendations of the report have been implemented in the private sector minerals industry, and any impact this has had on the significant gender pay gap in that industry.

Article 1(a) of the Convention. Remuneration. The Committee notes the Government’s statement that the term “remuneration” in the Fair Work Act encompasses monetary entitlements in addition to wages. However, the Committee notes that there is no specific definition of remuneration in the Act, and that the definition set out in the Government’s report does not appear to include all additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, as required under Article 1(a) of the Convention. It further notes that one of the specific amendments recommended by the House of Representatives’ Standing Committee is to broaden the definition of remuneration to include direct or indirect payments, in cash or in kind. The Committee asks the Government to provide information on any steps taken or envisaged to include a specific definition of remuneration in the Fair Work Act that is consistent with Article 1(a) of the Convention.

Article 2. Measures to promote equal remuneration. The Committee notes that a range of measures continue to be taken to promote the principle of the Convention at the federal and state levels. The Committee notes in particular the individualized pay equity reports provided to 26 public service agencies in Western Australia, and the Pay Equity Toolkit, which includes a pay equity audit tool, developed by the Pay Equity Unit of Western Australia, as well as the establishment of an employer recognition programme to recognize good employer practices in promoting pay equity and work and family balance by the Victoria Working Families Council. The Committee asks the Government to continue to provide information on the measures taken to promote equal remuneration for men and women for work of equal value at the federal and state levels, including the results achieved.

Article 3. Objective job evaluation methods. The Committee notes the Government’s indication that, in the light of the new equal remuneration provisions in the Fair Work Act, objective job evaluations become a key element. The Committee notes the definition of “work value reasons” set out in section 156(4) of the Act, relating it to the nature of the work, the level of skill or responsibility involved in doing the work, and the conditions under which the work is done. The Committee asks the Government to provide specific information on the methods used to compare different jobs to determine equal or comparable value under the Fair Work Act, and the outcome of such job evaluation processes. The Committee would also welcome further information on the impact of the gender quality audits undertaken in Victoria, and the progress achieved in Western Australia to develop a more gender–neutral job evaluation and classification system in the public sector.

Parts III and IV of the report form. Supervision and enforcement. The Committee notes that the equal remuneration orders made by Fair Work Australia under the Fair Work Act are enforced in workplaces by the Fair Work Ombudsman, who can bring an action against employers for lack of compliance (section 682). As the obligation to comply with an equal remuneration order is a civil remedy provision, an equal remuneration order may be enforced by the courts. The Committee notes further the Government’s indication that Fair Work Inspectors assist employers and employees to comply with their obligations under the equal remuneration provisions of the Fair Work Act, and the Fair Work Ombudsman also provides practical information, advice and assistance, and is planning to prepare a guide on pay equity issues as part of its new function to develop best practice guides. The Committee also notes the decision of the Queensland Industrial Relations Commission regarding the Queensland Community Services and Crisis Assistance Award – State 2008, increasing award rates for work that had been historically undervalued. The Committee asks the Government to provide information on any violations of equal remuneration orders or other equal remuneration provisions of the Fair Work Act brought to the attention of the Fair Work Ombudsman, the Fair Work Inspectors or the courts, and any action taken, including any remedies provided or sanctions imposed. Please also provide information on any legal or administrative decisions at the state level relevant to the principle of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Legislative developments. The Committee recalls its previous comments raising a range of concerns regarding the impact of legislative reforms on equal remuneration for men and women for work of equal value, including the adoption of the Workplace Relations Amendment (Work Choices) Act, 2005, and the move away from award regulation to workplace-based regulation (Australian Workplace Agreements – AWAs) in the setting of wages. The Committee notes with interest the adoption of the Fair Work Act, 2009, which became fully operational in January 2010, substantially repealing the Workplace Relations Act, 1996. The Committee notes in particular that as a result of the adoption of the Fair Work Act, AWAs can no longer be made and, in determining “modern awards” (legal instruments setting minimum terms and conditions for national system employees in particular industries or occupations), a key objective is “the principle of equal remuneration for work of equal or comparable value” (section 134(1)(e)). Modern awards are to be reviewed every four years and can be varied for “work value reasons” at that time (section 156(3) and (4)) or outside the four-year period if one of the objectives of the modern award is not met (sections 157 and 158). The Committee further notes that in determining minimum wages, Fair Work Australia, which replaces the Australian Industrial Relations Commission, must take into account “the principle of equal remuneration for work of equal or comparable value” (section 284(1)(d)). Fair Work Australia is also empowered to make orders to ensure that there will be equal remuneration for work of equal or comparable value (an equal remuneration order) (Part 2-7 of the Act), and the term of any modern award, enterprise agreement or Fair Work Australia order has no effect to the extent that it is less beneficial to the employee than a term of the equal remuneration order (section 306). The Committee also notes the communication of the Australian Council of Trade Unions (ACTU) highlighting the improved equal remuneration provisions in the Fair Work Act. Welcoming the focus given to equal remuneration for men and women for work of equal value in the wage-setting process through the Fair Work Act, the Committee asks the Government to provide information on the implementation of the Act in practice with respect to applying the principle of the Convention, in particular through awards, enterprise agreements, low-paid authorizations, minimum wages and equal remuneration orders. Please also provide information on the progress of the acceptance by states of the jurisdiction of the Fair Work Act.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Gender pay gap. The Committee notes the Government’s indication that while the gender pay gap is highly variable, at an aggregate level it has not widened over time. The Government states that one of the key reasons for the gender pay gap is occupational segregation in industries undergoing a period of high economic activity, where women are highly under-represented, such as mining. The Government refers to a report providing recommendations on attracting and retaining women in the minerals industry. According to data from the Australian Bureau of Statistics for March 2007, the gender pay gap is highest in finance and insurance (35.5 per cent), health and community services (30.75 per cent), property and business services (23.2 per cent), and mining (22.7 per cent). The Committee also notes the results of the Victoria pay equity inquiry, which determined that women in Victoria were paid 11 per cent less than men, and that there had been no substantial improvement in women’s pay in relation to men’s since 1986. According to the study, the reasons for the stagnating pay gap include long-entrenched and systematic discrimination. The Committee also notes the updated data provided regarding earnings for women and men in New South Wales (average ordinary time earnings of women 84.1 per cent of men’s). Noting the persistent pay gap that is particularly wide in a number of sectors, the Committee asks the Government to consider assessing the underlying causes of the pay gap, and to determine proactive measures to be taken, with the cooperation of the workers’ and employers’ organizations, to address these causes. The Committee also asks the Government to provide information on any measures taken to follow-up on the recommendations regarding women in the minerals industry, and the outcome of such measures.

2. Measures to promote equal remuneration. The Committee notes that a number of measures have been taken to promote the principle of the Convention, in particular in the States of South Australia, Victoria and Western Australia. At the federal level, the Committee notes the initiatives of the Equal Opportunity for Women in the Workplace Agency (EOWA), including making available online resources for employers to measure the gender pay gap and take measures to reduce it. The Committee also notes that the Government refers to a March 2007 report of the Human Rights and Equal Opportunity Commission (HREOC) entitled “It’s about time: Women, men, work and family”. The report provides a series of recommendations, including taking measures to encourage the development of quality part-time work, to address the gender pay gap, monitor the federal minimum wage and its impact on women workers, and develop community resources to assist women with workplace negotiation and individual bargaining. The Committee asks the Government to provide information on the following:

(a)   the measures taken or envisaged to give effect to the recommendations of the HREOC relevant to promoting the principle of equal remuneration for men and women for work of equal value;

(b)   the impact of the initiatives of the EOWA, in particular on improving the application of the principle of equal remuneration for men and women in the private sector;

(c)   further initiatives of the Victorian Workplace Rights Advocate with respect to low pay and equal remuneration, and the impact thereof;

(d)   any further follow-up to the Victoria pay equity inquiry, and the impact thereof;

(e)   the measures taken to follow-up on the review of the gender pay gap in Western Australia, including the use of gender pay audits, and the impact of the work of the Pay Equity Unit to implement voluntary strategies;

(f)    the practical outcome of the collaboration between SafeWork South Australia and the Commissioner for Equal Opportunity in promoting equal remuneration for men and women workers.

3. Equal remuneration in the public sector. The Committee notes the concerns raised by the Government of the State of Victoria regarding the effect of the Work Choices legislation on conditions of public sector employees, including on pay, overtime, bonuses and allowances. The Committee asks the Government to provide information on the practical impact of the Work Choices reforms on the remuneration of men and women employed in the public sector.

4. Supervision and enforcement. The Committee notes that the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), refers to the role of the workplace authority in applying a fairness test regarding compensation in collective agreements or Australian Workplace Agreements (AWAs), and that the authority provides a comprehensive information service on workplace relations issues including pay and conditions. The Government also refers to the newly established Office of the Workplace Ombudsman. The Committee notes the information regarding the Queensland Industrial Relations Commission in ensuring equal remuneration for work of equal value. The Committee also notes the outcome of the case brought by the Liquor, Hospitality and Miscellaneous Workers’ Union (LHMU), resulting in an award of increased wages for childcare workers, as their work was found to have been undervalued. The Committee asks the Government to provide information on any determinations of the workplace authority relevant to the principle of the Convention, including how the fairness principle has been interpreted in this regard, and details regarding the role of the Office of the Workplace Ombudsman in promoting and enforcing equal remuneration for work of equal value. Please also continue to provide summaries of relevant cases decided by the courts or administrative authorities at the federal and state levels relevant to equal remuneration.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Wage fixing. Australian Fair Pay Commission. The Committee notes that in the context of the workplace reforms through the Workplace Relations Amendment (Work Choices) Act 2005, which came into force in March 2006, most wage-fixing responsibility was transferred from the Australian Industrial Relations Commission (AIRC) to the Australian Fair Pay Commission (AFPC). In its previous comment, the Committee noted concerns raised by the Human Rights and Equal Opportunity Commission (HREOC) regarding the removal of state industrial relations jurisdiction, and thereby removing an important avenue of redress for workers with respect to pay equity matters. In its submission to the AFPC, the HREOC noted that state industrial tribunals have had the most success in assessing historical undervaluation of women’s skills and determining the work value of occupations traditionally carried out by women, but that now the AFPC is the only body with direct responsibility for pay. The Committee also notes that the AFPC has announced two increases in federal minimum wages. Given the central role of the Australian Fair Pay Commission in determining wages, the Committee asks the Government to provide specific information on measures taken or envisaged by the AFPC to narrow the gender pay gap and to promote the principle of equal remuneration for work of equal value, including information as to how progress in this regard is monitored.

2. Australian Workplace Agreements. In its previous observation, the Committee raised concerns regarding the impact, on equal remuneration for men and women for work of equal value, of the move away from award regulation to workplace-based regulation in the setting of wages, in particular through the Australian Workplace Agreements (AWAs). In this context, the Committee asked the Government to provide detailed information on the wages and benefits negotiated under these agreements, and for information on the practical impact of AWAs on the remuneration gap between men and women workers. The Government states in response that no studies have been undertaken assessing the practical impact of the AWAs on the gender pay gap. However, the Government indicates that a report provided to the Minister for Employment and Workplace Relations, pursuant to section 844 of the Workplace Relations Act, 1996, includes information on the developments in bargaining for the making of workplace agreements but has not yet been released publicly. The Committee notes that the Queensland Industrial Relations Commission (QIRC) is undertaking an inquiry into the impact of the Work Choices reforms on pay equity in Queensland. The Committee also notes that a workplace industrial relations survey was undertaken in 2006 in the State of Victoria, with the intention of providing a benchmark for Victorian workplaces following the introduction of the Work Choices reforms, and that two reports were published subsequently, including Women in the Victorian Workplace, which found that workplaces operating under collective agreements provided better pay and conditions than those dependent on individualized bargaining. The Committee once again asks the Government to provide detailed information on the wages and benefits negotiated under AWAs, including with regard to family-friendly provisions, disaggregated by sex and sector, and to forward a copy of the report prepared pursuant to section 844 of the Workplace Relations Act as soon as it is publicly available. The Committee also urges the Government to take steps to undertake a study, with the cooperation of the employers’ and workers’ organizations, on the practical impact of the AWAs on the gender pay gap. The Committee would also welcome information on any follow-up to the workplace industrial relations survey of Victoria in determining the impact of the Work Choices reforms, as well as details of the results of the inquiry undertaken by the QIRC.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report for the period ending in June 2005 along with its replies to the Committee’s previous comments. It also notes the comments submitted by the Australian Council of Trade Unions (ACTU) received in September 2005, which were forwarded to the Government on 20 September 2005.

1. Articles 1 and 2 of the Convention. The male-female earnings differential. The Committee notes that, according to figures prepared by the Australian Bureau of Statistics for May 2006, women in full-time work earn only 84.6 per cent of what men earn, which is down from 89.9 per cent as recorded in May 2000. With respect to all types of employment, the May 2006 data shows that women only earn 65.8 per cent of what the male working population earns. The Committee notes in this regard the comment by the ACTU stating that, although pay equity ratios have varied over the years, the level of pay inequality between men and women in Australia has remained largely static since 1994. In this context, the Committee asks the Government to indicate what proactive measures it is considering or has put in place to address the persistent remuneration gap between men and women workers. Please also continue to provide statistics on remuneration ratios disaggregated by sex for both the private and public sectors.

2. Measures to promote equal remuneration. The Committee notes the various initiatives undertaken by the Equal Opportunity for Women in the Workplace Agency (EOWA) aimed at assisting and encouraging employers to address pay inequality issues in their workplaces. It notes in particular that the Agency undertook an employer survey in 2004 in part to assess the extent to which employers in Australia acknowledge and take action to address pay inequalities. The Government is asked to provide details in its next report on the outcome of this survey and to continue to provide information on the work of the EOWA towards eliminating wage discrimination and promoting the principle of equal remuneration. Please also provide information on the number and outcomes of complaints dealt with by the Human Rights and Employment Opportunity Commission concerning equal remuneration of men and women for work of equal value.

3. The Committee notes that the Sex Discrimination Commissioner launched a project in 2005 entitled “Striking the Balance”, which is devoted to examining family responsibilities and paid work. Given the Government’s recognition of the importance in reconciling work and family responsibilities as a component of equal remuneration between men and women, the Committee invites the Government to provide information on the outcomes of this project and to indicate the measures taken to encourage men and women to share family responsibilities equally and to balance work and family life.

4. Article 2(2)(b). Machinery for wage determination. The Committee understands that, in the context of workplace reforms in Australia (WorkChoices), the Government created the Australian Fair Pay Commission (AFPC) which is responsible for setting and adjusting the federal minimum wage and which replaces the wage-setting and adjusting functions of the Australian Industrial Relations Commission. In this context, the Committee notes the submission of the Human Rights and Equal Opportunity Commission (HREOC) to the Senate Employment, Workplace Relations and Education Legislation Committee in 2005 expressing the concern that the WorkChoices reforms will see the effective removal of state industrial jurisdictions and may thereby remove an important avenue of redress for workers with respect to equal pay matters. Given that section 222(1)(a) of the Workplace Relations Act, mandates the Fair Pay Commission to apply the principle that men and women should receive equal remuneration for work of equal value, the Government is invited to provide information in its next report on the work of the AFPC, including wage-setting decisions and other initiatives aimed at eliminating wage discrimination and promoting the principle of equal remuneration. Please also include information on what role the state industrial bodies continue to play with respect to equal remuneration in light of the recent WorkChoices reforms.

5. States and territories. (a) New South Wales. The Committee notes that, in February 2003, women’s average full-time weekly earnings in New South Wales were approximately 82.5 per cent compared to those of their male counterparts and that the average weekly earnings of all women in the New South Wales workforce (including part-time and casual workers) stood at 64.5 per cent compared to male workers. Recalling its previous comments, the Committee also notes that only one case dealing with equal remuneration has been decided by the New South Wales Industrial Relations Commission since the last reporting period. It notes that the new case was brought by the Liquor, Hospitality and Miscellaneous Workers’ Union (LHMU) in 2004 claiming that rates of pay for childcare workers have been undervalued because of the highly feminized nature of this sector. Please provide information on the outcome of this case, and continue to provide statistics on wage differentials between men and women in New South Wales.

(b) Queensland. The Committee notes that an equal remuneration principle was adopted by the Queensland Industrial Relations Commission (QIRC) to ensure that award rates of pay reflect the value of the work performed and are not biased by gender. In connection with this development, it notes that the QIRC has also established a pay equity grants programme to assist industrial organizations to pay for cases aimed at advancing pay equity in sectors of the economy where women workers predominate. Furthermore, with respect to the QIRC’s 2000 pay equity inquiry, the Committee notes that the findings of this work were presented to Parliament in 2001 and that the Government has since implemented some of the recommendations. The Committee asks the Government to provide information on the impact of the recommendations adopted in promoting the application of the principle of equal remuneration and to include information on the cases decided by the QIRC with respect to equal pay between men and women.

(c) Western Australia. The Committee notes that the Western Australian Government commissioned a review of the gender pay gap in 2004. The resulting report revealed that, as of February 2004, Western Australia had the largest gap between men’s and women’s wages of any Australian state. Among the proposals to address this problem, the same report recommended targeted legislative reforms, voluntary strategies and various training measures. Noting that the Government is considering these recommendations through a process of public consultations, the Committee asks that the Government’s next report include information on the measures adopted as a result of this review and their practical impact on the application of the principle of equal remuneration for men and women for work of equal value. Please also include information on the work of the newly established Pay Equity Commission.

(d) South Australia. The Committee notes that, as a result of the recommendations of the 2002 review of South Australian industrial relations, Parliament passed the Fair Work Act which came into effect in 2005. This legislation enacted a range of initiatives including carer’s leave, bereavement leave, an emphasis on conciliation along with less expensive and more effective enforcement mechanisms. The Act explicitly incorporates the principle of equal remuneration through section 3(1)(n), which the South Australian Industrial Relations Commission (SAIRC) is bound to apply in its decisions. Please provide information on any cases decided by the SAIRC dealing with equal remuneration under the new Fair Work Act. Please also continue to provide specific and detailed information on the work of the Employee Ombudsman and the Commissioner for Equal Opportunity regarding the promotion and enforcement of the principle of equal remuneration for men and women workers.

(e) Victoria. The Committee notes that there was no information with respect to the application of the Convention in the State of Victoria. It asks the Government to provide information in its next report on the follow-up to Victoria’s Industrial Relations Task Force’s recommendations with respect to equal remuneration, along with information on any measures taken to promote the application of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Articles 1 and 2 of the Convention. The male-female earnings differential. The Committee notes the comments submitted by the Australian Council of Trade Unions (ACTU) stating that the move away from award regulation to workplace-based regulation in the setting of wages – and more specifically the advent of Australian Workplace Agreements (AWAs) – is associated with the lack of recent progress in narrowing the pay gap between men and women. According to the Government’s report, the policy of encouraging AWAs directly benefits working Australian women, who are paid at a higher rate on AWAs than women whose wages are determined by collective agreement. The ACTU points out, however, that in 2004, the gap for non-managerial employees was in fact widest between men and women working under AWAs, whereas there was no gap between workers whose remuneration had been set under the award system. The ACTU alleges that the Government’s plan to further reduce the award system will negate many of the pay equity benefits already achieved. It also adds that AWAs are less likely to contain family-friendly provisions compared with collective agreements. Consequently, the use of AWAs has a particularly adverse effect in reducing non-wage benefits that might enable workers (predominantly women) to reconcile work and family responsibilities. In addition, the Committee notes from the WiSER report to the Human Rights and Equal Opportunity Commission (HREOC) on women’s pay and workplace conditions that, under AWAs, the trading off of entitlements for higher wages may become increasingly common making it difficult to resort to the wage alone as an adequate measure of remuneration which, under the Convention, includes the basic wage and any additional emoluments payable to the worker. Given the considerable growth in the use of AWAs including in female-dominated sectors, the Committee asks the Government to provide detailed information in its next report on the wages and benefits negotiated under these agreements, including with regard to family-friendly provisions, disaggregated by sex and sector. Please also include information on the AWAs’ practical impact on the existing remuneration gap between men and women workers.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information provided in the Government's report, including statistical data, as well as the attached documentation. Noting that it has not yet received the final response from Victoria concerning the application of the principle of equal remuneration for work of equal value in that state, the Committee asks the Government to supply this information as soon as possible.

1. The Committee notes that, according to the Australian Bureau of Statistics’ Employee Earnings and Hours (EEH) Survey, the ratio of female to male average weekly ordinary-time earnings (AWOTE) for full-time non-managerial workers was approximately 89.1 per cent as of May 1998, representing a slight decrease from 89.5 per cent in May 1996. It notes from the Final Report of the Regulatory Review of the Affirmative Action (Equal Opportunity for Women) Act, 1986, entitled Unfinished business: Equity for women in Australian workplaces (June 1998) that the female-male ratio of average weekly earnings for all full-time employees (taking into account part-time, manager and junior rates) was 66.3 per cent in August 1997, a slight increase from 64.7 per cent in August 1986. Commenting on the status of women in the Australian labour market, the Final Report points to vertical occupational segregation as a contributing factor to the gendered wage gap, noting that significantly more men (approximately 75 per cent) than women (approximately 25 per cent) are managers/administrators. The Final Report also notes that significantly more women (approximately 74 per cent) than men (approximately 26 per cent) are in part-time employment (Unfinished business, at page 50). The Committee would appreciate receiving information on the measures taken or envisaged to address the range of pay equity issues faced by women in the Australian workforce identified in section 3 of the Final Report.

2. The Committee notes the Government’s adoption of the Equal Opportunity for Women in the Workplace Act, 1999 (EOWWA), which replaces the Affirmative Action Act, 1986, and establishes the Equal Opportunity for Women in the Workplace Agency (EOWWA). The Committee notes with some concern that the Act does not require equal remuneration for work of equal value. In this regard, the Committee notes the Government’s indication that, while the EOWWA does not explicitly address equal remuneration, this issue would be included as an identified employment matter under "conditions of service". Accordingly, reporting organizations would be required to give consideration to equal opportunity issues in the context of their conditions of service which can be taken to include pay and non-monetary benefits. The Committee further notes that the EOWWA requires relevant organizations to develop workplace programmes that are action-oriented and aimed at achieving equal opportunity for women. The Committee asks the Government to provide information regarding the application of the EOWWA and to supply specific examples of any instances where reporting organizations have addressed the issue of equal pay as a "condition of service".

3. Referring to its earlier comments regarding the activities of the Human Rights and Equal Opportunity Commission (HREOC) in disseminating information on equal remuneration, the Committee notes the small number of complaints made to the HREOC concerning pay discrimination (five complaints made during the reporting period). In this context, the Committee asks the Government to indicate the measures taken or contemplated to disseminate information to the public regarding their right to bring complaints of pay discrimination under the existing equality legislation as well as protection against retaliation.

4. The Committee notes the copies supplied by the Government of the decisions of 19 May 1998, 21 August 1998 and 26 May 1999 related to the ruling of the Australian Industrial Relations Commission (AIRC) on the HPM Industries Equal Pay Test Case of 8 March 1998. The Committee would be grateful if the Government would continue to supply copies of judicial and administrative decisions relevant to the application of the Convention.

5. The Committee notes that, following the 1999 report entitled Pregnant and productive, demonstrating that pregnancy discrimination and lack of paid maternity leave are important contributors to the unequal remuneration of women, the Sex Discrimination Commissioner will continue to monitor pregnancy discrimination and its impact on pay equity and will issue a set of guidelines addressing these issues. The Committee would appreciate receiving information regarding any measures taken or contemplated as a result of the 1999 report. The Committee also notes the recommendations made by the Sex Discrimination Commissioner that current pay equity provisions under the Workplace Relations Act, 1996, were not in accordance with the Convention and that they be amended to permit applications for equal remuneration for work of equal value to be heard by a full bench of the Australian Industrial Relations Commission. The Committee would appreciate receiving information regarding the results of these and other measures taken by the Sex Discrimination Commissioner relevant to the application of the Convention.

6. States. (a) New South Wales. Referring to its previous comments regarding the recommendations made in the 1998 NSW Pay Equity Inquiry Report, the Committee notes that the Government is considering its position regarding the recommendation that minor legislative amendments be made to the Industrial Relations Act, 1996 (NSW). With respect to the recommendation in the Inquiry Report that the Industrial Relations Commission of NSW develop a new equal remuneration principle, the Committee notes with interest that the decision handed down by the Commission in the Equal Remuneration Principle Case on 30 June 2000 inserts a new equal remuneration principle into the NSW wage-fixing principles which focuses on gender-related undervaluation of work and which permits comparisons across dissimilar jobs and across enterprises. The Committee asks the Government to continue to provide information on any other initiatives taken to implement further the recommendations of the NSW Pay Equity Task Force.

(b) Victoria. The Committee welcomes the indication in the Government’s report that the Victorian government is focussing on anti-discrimination in employment, paying particular attention to the application of the principle of equal pay for work of equal value to all workers and also action to close the earnings gap between men and women. The Committee notes that the Industrial Relations Task Force has been examining the industrial relations framework with a view to recommending to the Government how best to implement its industrial relations policy. The Committee would appreciate receiving information in the Government’s next report with regard to the recommendations made by the task force and any follow-up action taken by the Government.

(c) Queensland. The Committee notes the adoption of the Industrial Relations Act, 1999, which modified the definition of equal remuneration to provide for equal remuneration for work of equal or comparable value. It asks the Government to provide information on the practical implementation of this modified definition. The Committee also notes with interest that the new Act also incorporated pay equity as an "industrial matter" and included equal remuneration among the principal objects of the Act. Noting that the Queensland Industrial Commission will be developing a pay equity principle to ensure that the Commission will provide for equal remuneration for men and women doing work of equal or comparable value and that work in female-dominated industries and occupations is properly valued and remunerated, the Committee asks the Government to supply information in its next report regarding the development and application of the pay equity principle. In respect of its previous comments concerning discriminatory provisions contained in certain awards allocating different allowances or pay rates to men and women employees based on sex, the Committee notes the findings of the Industrial Relations Task Force. While it notes that the Government has already taken measures to implement the task force’s recommendations with regard to legislative amendments, it notes the task force’s finding that a thorough review of discriminatory provisions in Queensland awards has not been completed. In this regard, it notes the task force’s recommendation that such a review be undertaken. The Committee hopes that the review will be completed and that corrective measures will be taken to remove any discriminating provisions from collective agreements. Please supply information on any relevant action taken in the next report.

(d) Western Australia. The Committee notes from the report that the Equal Opportunity Act, 1994, does not specifically refer to "remuneration", nor does the Minimum Conditions of Employment Act, 1993, refer to pay equity. Accordingly, to enable the Committee to assess the application of the principle of equal remuneration for work of equal value in Western Australia, please indicate the manner in which the principle of the Convention is applied in state law and practice.

(e) South Australia. The Committee notes with interest that section 69(2) of the Industrial and Employee Relations Act, 1994, provides that a rate of remuneration fixed by an award, enterprise agreement or contract of employment must be consistent with the Convention. It also notes the activities of the Office of the Employee Ombudsman, whose role includes scrutinizing enterprise agreements and advising employees of their rights, including their right to equal remuneration. The Committee would appreciate receiving information on the activities of the Ombudsman relating to pay equity.

(f) Tasmania. The Committee notes with interest that the State Wage-Fixing Principles 2000 decision of the Tasmanian Industrial Commission incorporated new Principle 9 on pay equity, which provides at 9.1 that the term "pay equity" means equal remuneration for men and women doing work of equal value. Noting that pay equity award applications will be dealt with according to the pay equity principle, the Committee asks the Government to supply information regarding the application of the new principle, as well as to provide information on other measures taken or contemplated with regard to the application of the principle of the Convention.

7. The Committee would be grateful if the Government would continue 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 and methods used by the state labour inspectorate and other monitoring bodies to ensure compliance with pay equity provisions. Please also supply information on any other measures taken by the state governments, including the dissemination of educational materials and awareness-raising programmes on pay equity issues as well as information regarding progress achieved in the different states and territories in reducing the male-female remuneration gap.

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

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the detailed report and attached documentation furnished by the Government. Noting with regret that the report provides no indication concerning the application of the Convention in Tasmania, the Committee requests the Government to supply this information in its next report.

1. The Committee notes with interest the decision of the High Court of 4 September 1996 in a matter in which the States of Victoria, South Australia and Western Australia sought declarations that certain provisions of the Industrial Relations Act, 1988, as amended, were invalid (including those provisions allowing for the imposition of obligations on employers with respect to equal pay in the terms of the Convention). In its decision, the High Court largely upheld the relevant provisions of the Act on the basis that the Commonwealth Government had the power to legislate on these matters under section 51 of the Constitution, which concerns the "external affairs" power of the Commonwealth Government. In this regard, the Committee notes that the Workplace Relations and Other Legislation Amendment Act, 1996 (which received Royal Assent on 25 November 1996), has amended and renamed the Industrial Relations Act. The Committee requests the Government to indicate in its next report whether the new Act has made any changes pertinent to the application of the Convention.

2. The Committee notes the progress made in improving the wage gap, particularly in the area of award or agreed base rates of pay, where the ratio of female to male wage rates was 92.8 per cent in May 1995. It also notes that, at the same date, the ratio of female to male average weekly ordinary time earnings for adult full-time non-managerial employees was 91 per cent; and that the ratio of female to male average weekly earnings for full-time non-managerial adults was 84.1 per cent. According to the Government's report, the disparity in actual earnings is caused partly by differences in discretionary payments (such as over-award payments, allowances and bonuses). The Government also points out that the Sex Discrimination Commissioner has considered that the most pressing areas of inequality are also discretionary payments, together with the evaluation of women's work and skills. In this connection, the Committee notes that, arising out of the Sex Discrimination Commissioner's inquiry into sex discrimination in over-award payments, the Department of Industrial Relations is in the process of preparing a self-audit manual to assist employers, employees and trade unions in identifying and eliminating pay discrimination on the basis of sex (including advice on objective job-evaluation techniques) in the workplace. The Committee requests the Government to provide information on any further efforts made to eliminate discrimination in discretionary payments and to furnish a copy of the manual.

3. The Committee notes with interest the terms of the Pay Equity Statement developed by the New South Wales Government in the context of its Pay Equity Strategy. It also notes that the Pay Equity Taskforce, which plays an important role in the Strategy, has undertaken research into, inter alia, the factors which influence the valuing of women's skills, women's access to all forms of remuneration, the role of industrial relations legislation, tribunals and processes in facilitating or inhibiting pay equity, the implications of pay equity for business and employees, and the intersection of industrial relations and the training reform agenda. The Committee looks forward to receiving copies of the Taskforce's recommendations on gender-based wage inequalities.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest that a comprehensive report has been received on the application of the Convention. As further initiatives have been taken, and reported upon, beyond those taken during the reporting period, the Committee has decided to examine the application of this Convention at its next session.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring to its previous observation, the Committee notes with satisfaction that the New South Wales Industrial Arbitration Act, 1940 (which provided for the declaration of a male basic wage and a female basic wage) has been repealed and replaced by the Industrial Relations Act, 1991, which came into force on 31 March 1992. Section 13 of the new legislation provides for the setting of an "adult basic wage", without differentiation on the basis of sex.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its report and the attached documentation.

1. The Committee notes from the information provided on the impact of award restructuring that low-paid workers, including workers in female-dominated areas of employment, have received substantial pay raises through the minimum rates adjustment process. The Committee also notes that, in some cases, award restructuring may have involved women workers surrendering essential employment conditions for wage increases. The Committee requests the Government to continue to provide information both on the progress achieved in the practical application of the Convention through award restructuring and on the negative impact that restructuring may have on women's remuneration, taking into consideration the definition of remuneration contained in Article 1(a) of the Convention.

2. The Committee notes with interest the removal of gender-specific and discriminatory provisions from the Journalists' (Metropolitan Daily Newspapers) Award and the Hotels, Resorts and Hospitality Industry Award. It requests the Government to continue to provide information on further removals of discriminatory provisions from awards.

3. The Committee notes the Government's reference to an inquiry being conducted by the Human Rights and Equal Opportunity Commission into discrimination in overaward remuneration. It requests the Government to provide information on the findings of this inquiry and on any measures taken as a result thereof, to ensure the application of equal remuneration for work of equal value to workers who are being paid above the minimum wage rate or who are not covered by awards, at both the Commonwealth and state levels.

4. The Committee requests the Governmnent to supply copies of any decisions which concern discrimination with respect to pay adopted by the Equal Opportunity Tribunal or by the Human Rights and Equal Opportunity Commission, or by similar courts or bodies established at the state level.

5. The Committee notes with interest the Equal Pay Policy Statement from the Commonwealth Minister for Industrial Relations outlining government initiatives, such as the establishment of an Equal Pay Unit in the Department of Industrial Relations to implement the principle of equal remuneration for men and women workers for work of equal value. The Committee further notes with interest that, pursuant to its pay equity policy, the Government will also, inter alia, promote the use of job evaluation and performance appraisal schemes which are free from gender bias in their design and conduct, and cooperate with state and territory governments to promote a nationally consistent approach to pay equity issues in the application of wage-fixing principles. The Committee requests the Government to continue to supply information on the measures that have been taken or are envisaged to implement its pay equity policy, including the activities of and results achieved by the Equal Pay Unit, in relation in particular with award restructuring.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes from the information supplied by the Government in reply to its previous observation that the New South Wales Arbitration Act has not been amended to remove the provisions for setting the male and female basic wages, although a Bill providing a non-discriminatory basic wage is now before Parliament. It hopes that the above-mentioned Act will be amended in order to give full effect to the Convention and that a copy of the amendment will be supplied with the next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the detailed information supplied by the Government in its report.

1. The Committee notes that the Conciliation and Arbitration Act 1904 has been replaced by the Industrial Relations Act 1988, and that the Australian Conciliation and Arbitration Commission is now referred to as the Australian Industrial Relations Commission. It notes that in August 1988, the Australian Conciliation and Arbitration Commission established a new wage-fixing system centred on the Structural Efficiency Principle. In the implementation of the Principle, each industrial award will be overhauled to do away with outmoded provisions. The Principle is intended to provide workers at all levels and backgrounds with access to more varied, fulfilling and better paid jobs, while labour market reform and award restructuring are intended to open up new employment opportunities and new areas of training for working women. In this respect, the Committee also notes the Australian Women's Employment Strategy, established in November 1988. Referring to paragraphs 100 and 101 of its 1986 General Survey on Equal Remuneration, where it pointed out that many difficulties often encountered in realising equal remuneration for work of equal value are intimately linked to the general status of women and men in employment and society, the Committee requests the Government to continue to supply information on the practical results obtained in promoting the application of the principle of equal remuneration for work of equal value through the restruturing of awards and through the Australian Women's Employment Strategy.

2. In its previous comments, the Committee noted that numerous legislative provisions and wage arbitration awards were being reviewed in order to delete provisions that discriminated with respect to pay. It notes from the Government's latest report that during the period under review, three Conciliation and Arbitration Boards in Victoria have amended their awards to remove discriminatory provisions relating to unequal remuneration on the basis of sex: the Rabbit Processing Award; the Dryers and Clothes Cleaners Award; and the Hotel, Restaurants and Boarding Houses Award.

The Committee requests the Government to continue to supply information on further progress made in removing discriminatory provisions from awards.

3. The Committee notes that in the June 1989 National Wage Case, the Federal Government supported the proposal of the Australian Council of Trade Unions to lift the wages of the lowest paid through minimum rate adjustment. It notes that in this connection, the Australian Industrial Relations Commission found that there exists in federal awards widespread examples of the prescription of different rates of pay for employees performing the same work. Please supply information in the next report on the progress achieved in this connection.

4. The Committee also notes that awards contain provisions on minimum wage rates. It requests the Government to indicate in its next report how the principle of equal remuneration is assured to men and women workers who are being paid above the minimum wage rate. Please also supply information on the application of the equal remuneration principle to workers who are not covered by an award, and to include information on any decisions adopted by the Human Rights and Equal Opportunity Commission, or by similar commissions established at the state level, that deal with discrimination with respect to pay.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with satisfaction that, following a 12-month exemption of the State of Western Australia from the provisions of the federal Sex Discrimination Act 1984, there are currently no awards operating in that State which contain unequal pay provisions. The Committee notes that the exemption was granted in order to allow a review of all state laws, regulations and industrial awards to eliminate sexually discriminatory provisions.

2. In its previous comments, the Committee noted that pursuant to section 57(2) of the Industrial Arbitration Act 1940, the New South Wales Industrial Commission was required to declare a male basic wage and a female basic wage in state wage cases. The Committee notes with interest from the Government's latest report that the removal of the provision relating to a female basic wage is being considered in the process of drafting the new State Industrial Relations Bill 1989.