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

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

The Committee notes the information contained in the Government's report and the attached documentation, in reply to its previous observation.

1. The Committee had requested the Government to indicate the measures being taken to ensure the implementation of the Equal Pay Act, 1972, and of the Human Rights Commission Act, 1977, more particularly in respect of individual employment contracts concluded pursuant to the Employment Contracts Act, 1991. In its report, the Government discusses the processes available to individuals, employed by the same employer under individual or collective employment contracts, to redress claims of pay discrimination. In addition, the report outlines the role of the Employment Tribunal established under the Employment Contracts Act to mediate or adjudicate claims received, or to examine, on its own motion, the provisions of an actual or proposed employment contract or agreement to determine its compliance with the Equal Pay Act. The Committee also notes the various measures taken to inform employees of their rights. Noting that the Labour Inspectorate received only one complaint under the Equal Pay Act during the years 1990 to 1993 inclusive, the Committee requests the Government to provide, in its next report, information on the extent to which individuals have sought to avail themselves of other processes to redress their equal pay claims and on any relevant mediation assistance or decision of the Employment Tribunal.

2. The Committee had examined a comment of the New Zealand Council of Trade Unions concerning the limited scope in which comparisons could be made for the purpose of determining equal pay. Information had accordingly been requested on the measures taken or contemplated to apply the principle of equal pay to female employees whose possibilities for comparison were insufficient in private sector workplaces. In this respect, the Government refers to its publication and wide dissemination of the manual "Equity at Work: An Approach to Gender Neutral Job Evaluation" which was noted with interest in the Committee's 1992 observation. The Committee also notes with interest the activities of the Equal Employment Opportunities Trust to promote and publicize the benefits of equal employment opportunities, as well as those funded by the Equal Employment Opportunities Contestable Fund to help overcome those barriers to wage equity that result from men's and women's different experiences in education, training and the assumption of family responsibilities. The Committee would be grateful if the Government would continue to provide information on the measures taken to foster employment equity, including information both on the extent to which gender neutral job evaluation has been applied in practice and on any resulting pay adjustments made for women employed in predominantly female workplaces.

3. The Government also provides information concerning a survey to be undertaken on bargaining structures, process and outcomes pursuant to the 1991 Employment Contracts Act. The Committee hopes that the Government will provide information about this research, particularly in relation to any effects observed on women's employment participation and remuneration levels relative to those of men since the introduction of a decentralized wage system.