Equal Remuneration under the Fair Work Act 2009: A report for the Pay Equity Unit of the Fair Work Commission

Robyn Layton, Meg Smith, Andrew Stewart

Research output: Book/Research ReportResearch report

Abstract

The Pay Equity Unit of the Fair Work Commission commissioned this independent report in order to assist parties to proceedings under Part 2-7 of the Fair Work Act 2009 (Cth) (Fair Work Act), which enables the Commission to make an ‘equal remuneration order’ to ensure ‘equal remuneration for men and women workers for work of equal or comparable value’ for specified employees. It was commissioned to help parties engage in productive discussions with one another, and to inform them about the matters they might be required to address and the type of evidence that might be required in an equal remuneration proceeding. The report was required to build upon – and indeed it incorporates material from – an earlier report (Romeyn et al 2011) prepared for what was then Fair Work Australia (FWA). This report is intended to be a resource that: explains the background to Part 2-7; analyses both Part 2-7 and other relevant provisions in the Fair Work Act; and outlines how Part 2-7 was interpreted and applied in the only test case to date, involving the making of an equal remuneration order for the social and community services (SACS) sector. As requested by the Pay Equity Unit, the report is intended to be enriched by a broader discussion of equal remuneration principles, materials, legislation, cases and relevant research, both internationally as well as at the State and national levels in Australia. It also refers to ‘good practice’ approaches for equal remuneration matters. Given that the new jurisdiction is at an early stage of development, these tasks have necessarily required us to form and express opinions as to the possible meaning and effect of the legislation. Both those opinions, and our assessment of what might be regarded as good practice in this area, are based on a careful and rigorous assessment of the legislation, its interpretation in the only major test case to date, and a large body of available literature on possible approaches to the issue of equal remuneration, both in Australia and overseas. We believe that the analysis we have presented will assist both applicants and respondents in understanding and interpreting Part 2-7 of the Fair Work Act, and the types of evidence that may be used either in support of, or to resist, the making of an equal remuneration order. Preparation of this report has involved a two-stage process. A draft report was posted on the Commission’s website on 23 October 2013, with interested parties invited to provide written comments to the Pay Equity Unit by 13 November 2013. The 11 responses received can be viewed on the Commission’s website. We have made various changes to the report in response to these comments. In some instances we have adopted suggested amendments. In others – especially where we do not agree with a comment or have not fully accepted a suggestion for change – we have noted the views of the commenting organisation, referencing its submission. We are grateful to those who took the trouble to respond. In our view their input has significantly improved the final document. Before going on to summarise what appears in each chapter of the report, we would like to make it clear that the report is the product of independent research and represents the views of its authors, not of the staff or members of the Fair Work Commission.
Original languageEnglish
Place of PublicationMelbourne, Vic.
PublisherFair Work Commission
Number of pages246
ISBN (Print)9780987493569
Publication statusPublished - 2013

Keywords

  • Australia. Fair Work Commission
  • Australia. Fair Work Act 2009
  • pay equity
  • sex discrimination in employment
  • wages
  • women

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