Yes
1974
1973
1983
Applicable
2009, Fair Work Act Available, in the original version, here. The 2009 Fair Work Act allows the Fair Work Commission (FWC) to make Equal Remuneration Orders to ensure that there is equal remuneration for men and women workers for work of equal or comparable value (Sections 300 to 306). Section 300 states that "This Part allow the FWC to make orders to ensure there will be equal remuneration for men and women workers for work of equal or comparable value". 1984, Sex Discrimination Act Available, in the original version, here. The 1984 Sex Discrimination Act prohibits direct and indirect discrimination on the grounds of sex, marital status, pregnancy and potential pregnancy (Division 1, Part 2) in the terms or conditions on which employment is offered (Section 14(1)(c)), and in the terms or conditions of employment afforded the employee (Section 14(2)(a)).
No provisions could be located
"Remuneration" is a term that is not defined in the Fair Work Act from 2009. The Explanatory Memorandum to the Fair Work Bill 2008 in Part 2-7, Division 2, Clause 302, paragraph 1190, however, provides that the term "encompasses entitlements in addition to wages (i.e., it encompasses wages and other monetary entitlements". Available, in the original version, here. Under the 2013 Workplace Gender Equality Act (Matters in relation to Gender Equality Indicators) Instrument (No 1.) Part 1, Schedule 1, Section 3, a relevant employer is required to report on the remuneration of its employees - using an annualised average full-time equivalent base salary; and annualised average full-time equivalent total remuneration (i.e. base salary, superannuation and any other payments the employee has received). Available, in the original version, here.
Under the 2009 Fair Work Act, equal remuneration for work of equal or comparable value means equal remuneration for men and women workers for work of equal or comparable value. Section 156(4) of the Act defines "work value reasons" as "reasons justifying the amount that employees should be paid for doing a particular kind of work, being reasons related to any of the following: (a) the nature of the work; (b) the level of skill or responsibility involved in doing the work; (c) the conditions under which the work is done."
Voluntary standards such as the Gender-inclusive Job Evaluation and Grading Standard by Standards Australia have been developed. Further information is available here.
Under the 2012, Workplace Gender Equality Act, all non-public sector employers with more than 100 employees must report annually to the Workplace Gender Equality Agency (WGEA) against a set of gender equality indicators, including equal remuneration between women and men. In addition, all non-public sector employers with over 500 employees must meet minimum standards set by the legislation. Available, in the original version, here. In addition, under the 2013, Workplace Gender Equality Act (Matters in relation to Gender Equality Indicators) Instrument (No 1.) Part 1, Schedule 1, Section 3 "[e]ach relevant employer is to report on the remuneration of managers, including distance from the CEO or equivalent, and non-managers", which contains -"Disaggregated data regarding the remuneration profile of managers and non-managers by gender and by workplace profile categories", -"The existence of a remuneration policy or strategy", -"The gender pay equity objectives", -"Whether any gender remuneration gap analysis has been undertaken and, if so, when", -"The actions taken, if any, as a result of a gender remuneration pay analysis." Available, in the original version, here.
Sectoral
Minimum wages are set each year through the Annual Wage Review by the Fair Work Commission, which is an independent body. The decision affects employees who are paid the National Minimum Wage and whose pay is set by a modern award. There are 121 modern awards that cover employees at the industry and occupation level. When determining minimum employment conditions and minimum wages, the Expert Panel of the Fair Work Commission must take into account the principle of equal remuneration for work of equal or comparable value. See the minimum wages objectives in Section 284 of 2009, Fair Work Act. Available, in the original version, here.
Employees can collectively bargain on conditions, including on gender equality issues. The Australian Government maintains a Workplace Agreement Database that provides data on developments in coverage, wage increases and conditions of employment included in enterprise agreements. More information is available here. According to the information provided by the Government, as of 31 March 2020 (most recent available data), 422 current (not expired or terminated) agreements contain a provision relating to gender equality issues. This represents 3.95% of all current agreements.
On 6 July 2017, the Australian Government released Towards 2025: an Australian Government Strategy to Boost Women's Workforce Participation. This details measures to address the factors that drive pay inequity, including promoting flexible working arrangements, increasing access to child care and encouraging women's participation in Science Technology Engineering Mathematics (STEM) education and careers.
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