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

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

1. Gender earnings gap. The Committee notes from the statistics provided by the Government on the male–female earnings differentials in the public and private sectors up to 2005, that female earnings as a percentage of male earnings continue to increase and that a narrowing of the gender earnings gap will continue to occur gradually. The Committee, however, also notes from information published by the Pay and Employment Equity Unit that, although between 1984 and 2006, female average hourly earnings as a percentage of male earnings have increased, the gender pay gap has only narrowed by 7 per cent. Furthermore, average hourly earnings differentials continue to exist within and between ethnic groups, with the largest differential between the earnings of Maori and Pacific women as a percentage of those of European/Pakeha men (71.3 per cent and 64.1 per cent, respectively, in 2005). The Government indicates that the gender pay gap will nevertheless continue to decrease due to trends, such as a reduction in the male–female gap in educational attainment and years of work experience; changes in the occupational and industrial composition of male and female employment and shifts in the demand for industry-specific or occupational skills which men and women hold in different positions. The Government further provides extensive information on initiatives to promote a better work–life balance and family-friendly workplaces as a means to attain equal remuneration for men and women. Regarding the need to adopt measures to address gender segregation in the occupational and industrial composition of the labour market, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government continue to provide statistical information on the male–female earnings differentials, particularly those influenced by the male–female gap in accessing high-level posts in the public and private sectors.

2. Measures to promote the application of the Convention. The Committee notes the information provided by the Government on legislative measures relating to parental leave and flexible working hours as well as on the activities taken by the State Services Commission, the various ministries, the National Advisory Council on the Employment of Women (NACEW), the Equal Employment Opportunities Trust (EEO Trust) that help in improving the application of the Convention. It notes that the NACEW has commissioned research to describe the economic arguments for narrowing the gender pay gap, and that the EEO Trust has undertaken research relating to parenting and paid work. The Committee asks the Government to continue to provide information on the activities of relevant bodies to promote equal pay and on the outcome of any follow-up action given to the research undertaken by NACEW and the EEO Trust on the gender pay gap.

3. Complaints and enforcement mechanisms. The Committee recalls its previous comments regarding the low number of individual equal pay cases brought before the competent bodies and the need to take measures to ensure that cases where men and women receive unequal remuneration for work of equal value can be addressed effectively through appropriate complaints and enforcement mechanisms. The Committee notes the explanations given by the Government regarding the current proceedings available to address equal pay claims under the ERA, EPA and the HRA, including the new legislation that came into force in December 2004. The Committee also notes, however, that the NZCTU still considers that there is a need for a legally binding mechanism to enforce equal remuneration where results of pay evaluations show inequities. The Committee asks the Government to indicate how these legislative measures have helped in practice to address more effectively equal pay claims and to eliminate unequal remuneration for men and women for work of equal value. 

4. The Committee notes the decision of the Human Rights Tribunal and the High Court judgment in Talleys v. Lewis and Edwards applying the provisions of the Human Rights Act of 1993 in an equal pay case. It notes that the High Court, in determining whether jobs undertaken by men and women in Talleys, a fish‑processing plant, were substantially similar, took into account job comparisons based on job descriptions and objective evaluation criteria. The High Court ruled that the filleting role and trimming role were substantially similar and that gender discrimination existed in allocating the higher paid jobs to men and lower paid jobs to women. The Committee asks the Government to continue to provide information on relevant court decisions relating to the principle of equal remuneration for men and women for work of equal value.

5. Statistics on the gender pay gap. The Committee notes the Government’s statement that the States Services Commission is providing advice to public service departments on the statistical analysis of their pay and employment equity reviews. The Government indicates that the recommendation of the Task Force on Pay and Employment Equity on the need to determine what data would be appropriate to collect to give an overview of pay and employment equity will be dealt with after the Pay and Employment Equity Unit has gained more experience of statistical requirements from completed reviews. The Committee asks the Government to keep it informed on any further developments in collecting and analysing appropriate data on the gender pay gap.