Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Gender earnings gap. The Committee notes from the Government’s report that in 2007 the gender earnings gap stagnated at around 13.5 per cent with a gender earnings gap of 16.7 per cent in the private sector and 18.3 per cent in the public sector. Significant gender differences persist when comparing the average hourly earnings of Maori and Pacific women as a percentage of those of European/Pakeha men (69.7 per cent and 70.5 per cent, respectively, in 2007). The Committee further notes the comments of Business New Zealand (Business NZ) that much of the gender earnings gap is attributable to the kind of jobs women choose to undertake. In this regard, the Committee notes with interest the extensive information provided by the Government on the measures being taken to promote work–life balance, the Working for Families Scheme, and the activities supported by the Equal Employment Opportunities Commissioner, the Equal Employment Opportunities Trust, and the Advisory Council on the Employment of Women. The Committee also notes that research is being undertaken by the Ministry for Women’s Affairs (MWA) on occupational segregation as a major factor contributing to the gender earnings gap, which will inform further policy work. The Committee also welcomes information from the New Zealand Council of Trade Unions (NZCTU) on the union initiatives to implement the Convention, such as the job evaluation exercise comparing community support workers and health/therapy assistants, and the Multi-Employer Collective Agreements settled by the New Zealand Nurses Organisation and Service and Food Workers Union, and their efforts to negotiate such an agreement for older care workers. The Committee welcomes these initiatives and encourages the Government to continue to provide information on the implementation of the activities undertaken by the various bodies and in cooperation with the workers’ and employers’ organizations, to promote the application of the Convention. The Committee also asks the Government to continue to provide statistics on the female–male earnings gap, including in high-level posts, and to supply additional information on how current measures aimed at reducing the gender earnings gap are addressing the important gender differences between, and within, ethnic groups with respect to average hourly earnings.

Public sector. The Committee notes the pay and employment equity reviews undertaken in the district health boards (DHBs) and in a sample of schools in the compulsory education sector. It also notes that reviews for tertiary education institutions and kindergartens started in 2008, and that the national pay and employment equity response plan for the public health sector is being finalized. In November 2007 the Government also extended the pay and employment equity policy to some Government-funded outsourced services in the public health sector, and will consider extending its policy to the public service, the public education sector and the rest of the public health sector following a report to Cabinet in December 2009. With respect to funding of remedial pay settlements in situations where DHBs contract for certain services, the Committee notes Business NZ’s concern regarding the manner in which refunding has been managed, and the Government’s reply that the Plan of Action includes a structured process for managing remedial claims and settlements that may arise through pay and employment equity reviews and pay investigations. According to the Government, DHBs should ensure that pay and employment equity extends to all employees who are employed to deliver services that DHBs have the operational obligation to ensure. The Committee asks the Government to continue to provide information on the pay and employment equity reviews and response plans in the public education and health sectors, including on the action taken to follow-up on some of the responses. Noting that a bipartite National Pay and Employment Equity Response Plan for DHBs has recently been finalized, the Committee asks the Government to provide a copy of the Plan and information on its implementation.

Article 3. Job evaluation in the private sector. With respect to efforts to promote objective job evaluation in the private sector, the Committee notes the views expressed by Business NZ that a decision to extend the Action Plan on Pay and Employment Equity to this sector would be entirely inappropriate. The Committee notes the Government’s reply that further advice regarding phase three of the Action Plan, which concerns the private sector and non-government organizations, will be provided to Cabinet in 2010. At the same time, the Government indicates that while the use of the Equitable Job Evaluation Tool and the Job Evaluation Standard is voluntary, the Plan of Action provides mechanisms for, and supports and promotes, the effective implementation of existing pay and employment equity legislation, which applies to the private sector. The Committee recalls that for the purpose of ensuring gender equality in the determination of remuneration, Governments may need to promote objective job evaluation methods in both the private and public sectors. The Committee asks the Government to provide information on further developments regarding the extension of the Action Plan on Pay and Employment Equity to the private sector.

Remedial pay increases in the private sector. With respect to concerns expressed by Business NZ on difficulties encountered by employers in the private health sector in matching remedial pay increases granted to employees in public institutions, the Committee notes the Government’s reply that if remedial pay settlements in the public sector lead to pay claims in the private sector, they will be addressed through the normal bargaining process and under the provisions of the Employment Relations Act. The Committee asks the Government to monitor any specific difficulties encountered by private health sector employers in matching remedial pay increases, and provide information on the manner in which this is being addressed.

Enforcement. The Committee notes the Government’s statement that due to the absence of relevant cases dealt with by the courts or tribunals, it is not in a position to assess the impact of current procedures for bringing equal pay claims. Recalling the low number of equal pay cases brought before competent bodies, the Committee asks the Government to continue to monitor whether the current procedures are sufficient to address equal pay claims in an effective manner.