A new dawn for pay equity? : developing an equal remuneration principle under the Fair Work Act

The Rudd/Gillard Government has announced its intention to support submissions to Fair Work Australia (FWA) for the development of an equal remuneration principle (ERP), in the context of a test case involving social and community workers. This follows a series of successful proceedings under pay equity laws in New South Wales and Queensland. The Fair Work Act 2009 (Cth) adopts a broader approach to the issue than previous federal provisions, though it does not go as far as the state regimes in mandating equal remuneration. Nevertheless, while there is no imperative for FWA to adopt an ERP, there are distinct advantages in adopting this course, particularly if the Principle gives explicit focus to the issue of undervaluation as the means of assessing whether the objective of equal remuneration has been met.