Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

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

The Committee takes note of the Government's report and the appended documents.

The Committee notes in particular that following the equal pay study which was completed in 1987, a Working Group on Equal Employment Opportunities and Equal Pay was established to analyse the situation and submit suggestions to the Government. The Committee takes note of the Working Group's report "Toward Employment Equity" and of the recommendations contained in it. In its report, the Government indicates that it has agreed in principle to the enactment of an Employment Equity Act that covers the public and private sectors, and which would be implemented by a special committee (see the observation under Convention No. 111). The Government states that the problems encountered in applying equal remuneration in the public service for work of a different nature but of equal value should be solved by the adoption of the new legislation. The Committee also notes that the above Act would cover all individuals and collective agreements, which could also ensure observance of the principle of equal remuneration in respect of wages for jobs held mainly by women and in respect of wages paid to employees who are not covered by arbitration awards. With regard to wages that are higher than those fixed by arbitration awards, the Government indicates that no particular provision guarantees the application of the principle of equal remuneration but that any complaints would be investigated by the Labour Inspectorate. The Committee takes note of this information and of the statistics transmitted by the Government. It hopes that the remedial measures envisaged by the Government as a result of the studies conducted will ensure that the Convention is also applied in this respect. The Committee asks the Government to continue to keep it informed of developments in the situation and to provide a copy of the planned legislation as soon as it is adopted.

Furthermore, the Committee takes note of the new comments made by the New Zealand Employer's Federation on the Government's report. It notes in particular the divergencies of opinion expressed by the Federation concerning the application of the principles laid down in the Convention. In the view of the above organisation, the differences in male and female rates of pay in New Zealand are not due to distinctions on the basis of sex and that in fact the average earnings gap between men and women continues to narrow. The Committee takes note of the arguments of the New Zealand Employer's Federation, on which the Federation bases its firm opposition to the proposed pay equity legislation which, it considers, would run counter to the wage-bargaining process. The Committee points out that, pursuant to Article 2 of the Convention, the application to all workers of the principle of equal remuneration may be achieved by various means, which are set out in paragraph 2 of the above Article and, in accordance with Article 4, by co-operation with the employers' and workers' organisations concerned.