Gender equity : the Commission's legacy and the challenge for Fair Work Australia

Two labour-market variables, wages and hours, are used to review the gender relations record of the Australian Industrial Relations Commission and its predecessors. This review informs an assessment of what features of Commission practice and capacity should and can be replicated by Fair Work Australia. Arbitration has been most decisive for women in paid work when it has enjoyed national and industry distribution. Advances in equal pay and leave linked to reproduction are two relevant examples, although these advances have been confronted more recently by frailties in federal gender pay equity regulation and policy shifts to enterprise and individual bargaining. The findings suggest an agenda for Fair Work Australia, notwithstanding the possibilities and limitations posed by the Fair Work Act 2009 and the tendency for changes to the gender contract to be highly contested.