Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Australia (Ratification: 1974)

The Committee notes the information provided in the Government’s report for the period ending in June 2005 along with its replies to the Committee’s previous comments. It also notes the comments submitted by the Australian Council of Trade Unions (ACTU) received in September 2005, which were forwarded to the Government on 20 September 2005.

1. Articles 1 and 2 of the Convention. The male-female earnings differential. The Committee notes that, according to figures prepared by the Australian Bureau of Statistics for May 2006, women in full-time work earn only 84.6 per cent of what men earn, which is down from 89.9 per cent as recorded in May 2000. With respect to all types of employment, the May 2006 data shows that women only earn 65.8 per cent of what the male working population earns. The Committee notes in this regard the comment by the ACTU stating that, although pay equity ratios have varied over the years, the level of pay inequality between men and women in Australia has remained largely static since 1994. In this context, the Committee asks the Government to indicate what proactive measures it is considering or has put in place to address the persistent remuneration gap between men and women workers. Please also continue to provide statistics on remuneration ratios disaggregated by sex for both the private and public sectors.

2. Measures to promote equal remuneration. The Committee notes the various initiatives undertaken by the Equal Opportunity for Women in the Workplace Agency (EOWA) aimed at assisting and encouraging employers to address pay inequality issues in their workplaces. It notes in particular that the Agency undertook an employer survey in 2004 in part to assess the extent to which employers in Australia acknowledge and take action to address pay inequalities. The Government is asked to provide details in its next report on the outcome of this survey and to continue to provide information on the work of the EOWA towards eliminating wage discrimination and promoting the principle of equal remuneration. Please also provide information on the number and outcomes of complaints dealt with by the Human Rights and Employment Opportunity Commission concerning equal remuneration of men and women for work of equal value.

3. The Committee notes that the Sex Discrimination Commissioner launched a project in 2005 entitled “Striking the Balance”, which is devoted to examining family responsibilities and paid work. Given the Government’s recognition of the importance in reconciling work and family responsibilities as a component of equal remuneration between men and women, the Committee invites the Government to provide information on the outcomes of this project and to indicate the measures taken to encourage men and women to share family responsibilities equally and to balance work and family life.

4. Article 2(2)(b). Machinery for wage determination. The Committee understands that, in the context of workplace reforms in Australia (WorkChoices), the Government created the Australian Fair Pay Commission (AFPC) which is responsible for setting and adjusting the federal minimum wage and which replaces the wage-setting and adjusting functions of the Australian Industrial Relations Commission. In this context, the Committee notes the submission of the Human Rights and Equal Opportunity Commission (HREOC) to the Senate Employment, Workplace Relations and Education Legislation Committee in 2005 expressing the concern that the WorkChoices reforms will see the effective removal of state industrial jurisdictions and may thereby remove an important avenue of redress for workers with respect to equal pay matters. Given that section 222(1)(a) of the Workplace Relations Act, mandates the Fair Pay Commission to apply the principle that men and women should receive equal remuneration for work of equal value, the Government is invited to provide information in its next report on the work of the AFPC, including wage-setting decisions and other initiatives aimed at eliminating wage discrimination and promoting the principle of equal remuneration. Please also include information on what role the state industrial bodies continue to play with respect to equal remuneration in light of the recent WorkChoices reforms.

5. States and territories. (a) New South Wales. The Committee notes that, in February 2003, women’s average full-time weekly earnings in New South Wales were approximately 82.5 per cent compared to those of their male counterparts and that the average weekly earnings of all women in the New South Wales workforce (including part-time and casual workers) stood at 64.5 per cent compared to male workers. Recalling its previous comments, the Committee also notes that only one case dealing with equal remuneration has been decided by the New South Wales Industrial Relations Commission since the last reporting period. It notes that the new case was brought by the Liquor, Hospitality and Miscellaneous Workers’ Union (LHMU) in 2004 claiming that rates of pay for childcare workers have been undervalued because of the highly feminized nature of this sector. Please provide information on the outcome of this case, and continue to provide statistics on wage differentials between men and women in New South Wales.

(b) Queensland. The Committee notes that an equal remuneration principle was adopted by the Queensland Industrial Relations Commission (QIRC) to ensure that award rates of pay reflect the value of the work performed and are not biased by gender. In connection with this development, it notes that the QIRC has also established a pay equity grants programme to assist industrial organizations to pay for cases aimed at advancing pay equity in sectors of the economy where women workers predominate. Furthermore, with respect to the QIRC’s 2000 pay equity inquiry, the Committee notes that the findings of this work were presented to Parliament in 2001 and that the Government has since implemented some of the recommendations. The Committee asks the Government to provide information on the impact of the recommendations adopted in promoting the application of the principle of equal remuneration and to include information on the cases decided by the QIRC with respect to equal pay between men and women.

(c) Western Australia. The Committee notes that the Western Australian Government commissioned a review of the gender pay gap in 2004. The resulting report revealed that, as of February 2004, Western Australia had the largest gap between men’s and women’s wages of any Australian state. Among the proposals to address this problem, the same report recommended targeted legislative reforms, voluntary strategies and various training measures. Noting that the Government is considering these recommendations through a process of public consultations, the Committee asks that the Government’s next report include information on the measures adopted as a result of this review and their practical impact on the application of the principle of equal remuneration for men and women for work of equal value. Please also include information on the work of the newly established Pay Equity Commission.

(d) South Australia. The Committee notes that, as a result of the recommendations of the 2002 review of South Australian industrial relations, Parliament passed the Fair Work Act which came into effect in 2005. This legislation enacted a range of initiatives including carer’s leave, bereavement leave, an emphasis on conciliation along with less expensive and more effective enforcement mechanisms. The Act explicitly incorporates the principle of equal remuneration through section 3(1)(n), which the South Australian Industrial Relations Commission (SAIRC) is bound to apply in its decisions. Please provide information on any cases decided by the SAIRC dealing with equal remuneration under the new Fair Work Act. Please also continue to provide specific and detailed information on the work of the Employee Ombudsman and the Commissioner for Equal Opportunity regarding the promotion and enforcement of the principle of equal remuneration for men and women workers.

(e) Victoria. The Committee notes that there was no information with respect to the application of the Convention in the State of Victoria. It asks the Government to provide information in its next report on the follow-up to Victoria’s Industrial Relations Task Force’s recommendations with respect to equal remuneration, along with information on any measures taken to promote the application of the Convention.