Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand (Business NZ), submitted by the Government with its report.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes from the website of the Ministry of Women’s Affairs (MWA) that when comparing median hourly earnings of full-time workers the gender pay gap is at 9.9 per cent in 2014 (New Zealand Income Survey (NZIS)). The Committee notes that as of March 2013, 33.6 per cent of women were employed part time. When comparing all workers, the Government’s report indicates that gender pay gaps in 2012 were highest among Community and Personal Service workers (41.4 per cent) and Technicians and Trade workers (37.1 per cent), while gender pay gaps among Managers and Professionals (28.4 per cent) and Clerical and Administration workers (27.9 per cent) were lower. The Committee also notes from the MWA’s report Changes in Women’s Earnings (2013) that, while occupational segregation has decreased in most highly skilled and higher paid occupations, it has increased in trades and unskilled occupations; Maori and Pacific Island women in particular are concentrated in specific fields of study leading to industry sectors with lower pay. Information provided by the Government continues to indicate that significant differences exist when comparing the average weekly earnings of Maori and Pacific Island women as a percentage of those of European men. According to the Government, factors underlying the gender pay gap are complex and include occupational segregation, patterns of employment, as well as unexplained factors including discrimination and unconscious bias. The Committee notes the various measures taken by the National Advisory Council on the Employment of Women (NACEW), the MWA, and Parliament to promote the application of the Convention. The Committee asks the Government to continue to provide statistics on the gender pay gap in the various sectors and occupations, disaggregated by ethnicity and sex, and information on measures adopted to address the widening gender pay gap within trade and unskilled occupations. The Committee also asks the Government to continue to provide information on measures adopted or envisaged to address gender pay gaps between, and within, ethnic groups, as well as other measures adopted to address the underlying causes of the gender pay gap.

Applying the principle in the public service. The Committee notes that according to the 2012 Human Resources Capability (HRC) Survey of Public Service Departments, the gender pay gap narrowed from 15.4 per cent in 2009 to 13.7 per cent in 2012, the lowest since the Survey was introduced. Gender pay gaps for occupational groups ranged from 2.7 per cent for Contact Centre Workers to 13.4 per cent for Managers, with a higher than average proportion of women working in the lower paid occupational groups and a higher than average proportion of men and women working in the higher paid occupational groups. Regarding pay and employment equity reviews in the public health sector, the Committee notes the Government’s indication that district health boards have taken measures to attract and retain more women in their workforce including the formalization of commitments to provide family-friendly workplaces in a number of employment contracts and providing increased opportunities to participate in decision-making. The Committee notes the range of measures adopted to promote women’s access to all levels of the public sector. The Committee notes, however, from the Human Rights Commission’s Census of Women’s Participation 2012 that, out of 32 departments, 30 have gender pay gaps, ranging from 2.77 per cent in the Department of Corrections to 42 per cent in the Ministry of Defence. The Committee asks the Government to continue to provide statistical information on the gender pay gap in the public service by occupation group, and to provide specific information on measures taken to address the underlying causes of the gender pay gap in the public service. The Committee also asks the Government to continue to provide information on measures taken to promote women’s access to all levels of the public sector, with a view to reducing the gender pay gap, including any action taken to implement recommendations made by pay and employment equity reviews.

Collective agreements. The Committee notes that the NZCTU expresses concern that the Employment Relations Amendment Bill, currently awaiting a third reading in Parliament, might weaken collective bargaining and that this might impact the gender pay gap. Noting the Government’s statement that the Employment Relations Amendment Bill could be subject to further changes, the Committee encourages the Government to take the opportunity to evaluate any impact the Bill may have on addressing the gender pay gap, and in particular on the role of collective agreements in addressing wage inequality.

Enforcement. The Committee notes the Government’s indication that it has an appropriate legal framework to deal with pay equality issues including informally through the Ministry of Business, Innovation and Employment’s mediation services, through the Employment Relations Authority, and through the Employment Court, as was the case with the recent decision in Service and Food Workers Union Nga Ringa Tota Inc. and Bartlett v. Terranova Homes and Care Limited [2013] (NZEmpC 51 ARC 63/12). Noting the NZCTU’s statement that the case before the Employment Court was the first substantial case under the Equal Pay Act since 1986, the Committee asks the Government to continue monitoring the effectiveness of current procedures in addressing equal pay claims, and to provide information in this regard, including on any cases related to the principle of the Convention dealt with by labour inspectors, the Employment Relations Authority, the Employment Court and any other competent authorities.