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

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

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.