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Gender pay gap. The Committee notes the reference to the increasing gender pay gap in the Government’s report, as well as in the comments of the Australian Council of Trade Unions (ACTU). The Committee notes that according to the Australian Human Rights Commission in its report entitled “2010 Gender Equality Blueprint”, the gender pay gap is 18 per cent on the basis of full-time adult ordinary time earnings, and rises to 33 per cent if women’s part-time and casual earnings are considered. The report confirms that the gap has widened over the past four years. The Government acknowledges that the gender pay gap is a continuing problem and that more needs to be done to reduce it, including recognizing the range of factors contributing to the gap, including gender segregation in the labour market, women’s higher propensity to spend long periods out of the workforce or to work part time, and methods of setting remuneration. The Committee also notes that, in this context, the House of Representatives’ Standing Committee on Employment and Workplace Relations was asked to conduct an inquiry into pay equity. Its report entitled “Making it fair: Pay equity and associated issues related to increased female participation in the workforce” of November 2009, sets out a range of recommendations with a view to closing the gender pay gap, including proposing specific amendments to the Fair Work Act 2009, giving greater powers to the Sex Discrimination Commissioner to initiate complaints and act on wage discrimination, the establishment of a specialized Pay Equity Unit within Fair Work Australia, and improved data collection and analysis. The Australian Human Rights Commission in the Gender Equality Blueprint report also provides specific recommendations on closing the pay gap, including developing a national pay equity strategy and putting in place measures to promote greater transparency in relation to pay rates. The Committee also notes the Government’s indication in this context that it has committed to reviewing the Equal Opportunity for Women in the Workplace Agency. Welcoming the Government’s commitment to addressing the increasing gender pay gap, and the inquiries undertaken in this context, the Committee asks the Government to specify the follow-up being given to the recommendations of the Australian Human Rights Commission and the House of Representatives Standing Committee on Employment and Workplace Relations with a view to closing the gender pay gap, and the role of employers’ and workers’ organizations in such follow-up. Please also indicate progress made in the review of the Equal Opportunity for Women in the Workplace Agency, and any recommendations made and follow-up in this regard. Noting the report of the Australian Government Office of Women and the Minerals Council of Australia on attracting and retaining women in the Australian minerals industry, the Committee would welcome further information on the extent to which the recommendations of the report have been implemented in the private sector minerals industry, and any impact this has had on the significant gender pay gap in that industry.
Article 1(a) of the Convention. Remuneration. The Committee notes the Government’s statement that the term “remuneration” in the Fair Work Act encompasses monetary entitlements in addition to wages. However, the Committee notes that there is no specific definition of remuneration in the Act, and that the definition set out in the Government’s report does not appear to include all additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, as required under Article 1(a) of the Convention. It further notes that one of the specific amendments recommended by the House of Representatives’ Standing Committee is to broaden the definition of remuneration to include direct or indirect payments, in cash or in kind. The Committee asks the Government to provide information on any steps taken or envisaged to include a specific definition of remuneration in the Fair Work Act that is consistent with Article 1(a) of the Convention.
Article 2. Measures to promote equal remuneration. The Committee notes that a range of measures continue to be taken to promote the principle of the Convention at the federal and state levels. The Committee notes in particular the individualized pay equity reports provided to 26 public service agencies in Western Australia, and the Pay Equity Toolkit, which includes a pay equity audit tool, developed by the Pay Equity Unit of Western Australia, as well as the establishment of an employer recognition programme to recognize good employer practices in promoting pay equity and work and family balance by the Victoria Working Families Council. The Committee asks the Government to continue to provide information on the measures taken to promote equal remuneration for men and women for work of equal value at the federal and state levels, including the results achieved.
Article 3. Objective job evaluation methods. The Committee notes the Government’s indication that, in the light of the new equal remuneration provisions in the Fair Work Act, objective job evaluations become a key element. The Committee notes the definition of “work value reasons” set out in section 156(4) of the Act, relating it to the nature of the work, the level of skill or responsibility involved in doing the work, and the conditions under which the work is done. The Committee asks the Government to provide specific information on the methods used to compare different jobs to determine equal or comparable value under the Fair Work Act, and the outcome of such job evaluation processes. The Committee would also welcome further information on the impact of the gender quality audits undertaken in Victoria, and the progress achieved in Western Australia to develop a more gender–neutral job evaluation and classification system in the public sector.
Parts III and IV of the report form. Supervision and enforcement. The Committee notes that the equal remuneration orders made by Fair Work Australia under the Fair Work Act are enforced in workplaces by the Fair Work Ombudsman, who can bring an action against employers for lack of compliance (section 682). As the obligation to comply with an equal remuneration order is a civil remedy provision, an equal remuneration order may be enforced by the courts. The Committee notes further the Government’s indication that Fair Work Inspectors assist employers and employees to comply with their obligations under the equal remuneration provisions of the Fair Work Act, and the Fair Work Ombudsman also provides practical information, advice and assistance, and is planning to prepare a guide on pay equity issues as part of its new function to develop best practice guides. The Committee also notes the decision of the Queensland Industrial Relations Commission regarding the Queensland Community Services and Crisis Assistance Award – State 2008, increasing award rates for work that had been historically undervalued. The Committee asks the Government to provide information on any violations of equal remuneration orders or other equal remuneration provisions of the Fair Work Act brought to the attention of the Fair Work Ombudsman, the Fair Work Inspectors or the courts, and any action taken, including any remedies provided or sanctions imposed. Please also provide information on any legal or administrative decisions at the state level relevant to the principle of the Convention.
Article 1 of the Convention. Legislative developments. The Committee recalls its previous comments raising a range of concerns regarding the impact of legislative reforms on equal remuneration for men and women for work of equal value, including the adoption of the Workplace Relations Amendment (Work Choices) Act, 2005, and the move away from award regulation to workplace-based regulation (Australian Workplace Agreements – AWAs) in the setting of wages. The Committee notes with interest the adoption of the Fair Work Act, 2009, which became fully operational in January 2010, substantially repealing the Workplace Relations Act, 1996. The Committee notes in particular that as a result of the adoption of the Fair Work Act, AWAs can no longer be made and, in determining “modern awards” (legal instruments setting minimum terms and conditions for national system employees in particular industries or occupations), a key objective is “the principle of equal remuneration for work of equal or comparable value” (section 134(1)(e)). Modern awards are to be reviewed every four years and can be varied for “work value reasons” at that time (section 156(3) and (4)) or outside the four-year period if one of the objectives of the modern award is not met (sections 157 and 158). The Committee further notes that in determining minimum wages, Fair Work Australia, which replaces the Australian Industrial Relations Commission, must take into account “the principle of equal remuneration for work of equal or comparable value” (section 284(1)(d)). Fair Work Australia is also empowered to make orders to ensure that there will be equal remuneration for work of equal or comparable value (an equal remuneration order) (Part 2-7 of the Act), and the term of any modern award, enterprise agreement or Fair Work Australia order has no effect to the extent that it is less beneficial to the employee than a term of the equal remuneration order (section 306). The Committee also notes the communication of the Australian Council of Trade Unions (ACTU) highlighting the improved equal remuneration provisions in the Fair Work Act. Welcoming the focus given to equal remuneration for men and women for work of equal value in the wage-setting process through the Fair Work Act, the Committee asks the Government to provide information on the implementation of the Act in practice with respect to applying the principle of the Convention, in particular through awards, enterprise agreements, low-paid authorizations, minimum wages and equal remuneration orders. Please also provide information on the progress of the acceptance by states of the jurisdiction of the Fair Work Act.
The Committee is raising other points in a request addressed directly to the Government.
1. Gender pay gap. The Committee notes the Government’s indication that while the gender pay gap is highly variable, at an aggregate level it has not widened over time. The Government states that one of the key reasons for the gender pay gap is occupational segregation in industries undergoing a period of high economic activity, where women are highly under-represented, such as mining. The Government refers to a report providing recommendations on attracting and retaining women in the minerals industry. According to data from the Australian Bureau of Statistics for March 2007, the gender pay gap is highest in finance and insurance (35.5 per cent), health and community services (30.75 per cent), property and business services (23.2 per cent), and mining (22.7 per cent). The Committee also notes the results of the Victoria pay equity inquiry, which determined that women in Victoria were paid 11 per cent less than men, and that there had been no substantial improvement in women’s pay in relation to men’s since 1986. According to the study, the reasons for the stagnating pay gap include long-entrenched and systematic discrimination. The Committee also notes the updated data provided regarding earnings for women and men in New South Wales (average ordinary time earnings of women 84.1 per cent of men’s). Noting the persistent pay gap that is particularly wide in a number of sectors, the Committee asks the Government to consider assessing the underlying causes of the pay gap, and to determine proactive measures to be taken, with the cooperation of the workers’ and employers’ organizations, to address these causes. The Committee also asks the Government to provide information on any measures taken to follow-up on the recommendations regarding women in the minerals industry, and the outcome of such measures.
2. Measures to promote equal remuneration. The Committee notes that a number of measures have been taken to promote the principle of the Convention, in particular in the States of South Australia, Victoria and Western Australia. At the federal level, the Committee notes the initiatives of the Equal Opportunity for Women in the Workplace Agency (EOWA), including making available online resources for employers to measure the gender pay gap and take measures to reduce it. The Committee also notes that the Government refers to a March 2007 report of the Human Rights and Equal Opportunity Commission (HREOC) entitled “It’s about time: Women, men, work and family”. The report provides a series of recommendations, including taking measures to encourage the development of quality part-time work, to address the gender pay gap, monitor the federal minimum wage and its impact on women workers, and develop community resources to assist women with workplace negotiation and individual bargaining. The Committee asks the Government to provide information on the following:
(a) the measures taken or envisaged to give effect to the recommendations of the HREOC relevant to promoting the principle of equal remuneration for men and women for work of equal value;
(b) the impact of the initiatives of the EOWA, in particular on improving the application of the principle of equal remuneration for men and women in the private sector;
(c) further initiatives of the Victorian Workplace Rights Advocate with respect to low pay and equal remuneration, and the impact thereof;
(d) any further follow-up to the Victoria pay equity inquiry, and the impact thereof;
(e) the measures taken to follow-up on the review of the gender pay gap in Western Australia, including the use of gender pay audits, and the impact of the work of the Pay Equity Unit to implement voluntary strategies;
(f) the practical outcome of the collaboration between SafeWork South Australia and the Commissioner for Equal Opportunity in promoting equal remuneration for men and women workers.
3. Equal remuneration in the public sector. The Committee notes the concerns raised by the Government of the State of Victoria regarding the effect of the Work Choices legislation on conditions of public sector employees, including on pay, overtime, bonuses and allowances. The Committee asks the Government to provide information on the practical impact of the Work Choices reforms on the remuneration of men and women employed in the public sector.
4. Supervision and enforcement. The Committee notes that the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), refers to the role of the workplace authority in applying a fairness test regarding compensation in collective agreements or Australian Workplace Agreements (AWAs), and that the authority provides a comprehensive information service on workplace relations issues including pay and conditions. The Government also refers to the newly established Office of the Workplace Ombudsman. The Committee notes the information regarding the Queensland Industrial Relations Commission in ensuring equal remuneration for work of equal value. The Committee also notes the outcome of the case brought by the Liquor, Hospitality and Miscellaneous Workers’ Union (LHMU), resulting in an award of increased wages for childcare workers, as their work was found to have been undervalued. The Committee asks the Government to provide information on any determinations of the workplace authority relevant to the principle of the Convention, including how the fairness principle has been interpreted in this regard, and details regarding the role of the Office of the Workplace Ombudsman in promoting and enforcing equal remuneration for work of equal value. Please also continue to provide summaries of relevant cases decided by the courts or administrative authorities at the federal and state levels relevant to equal remuneration.
1. Wage fixing. Australian Fair Pay Commission. The Committee notes that in the context of the workplace reforms through the Workplace Relations Amendment (Work Choices) Act 2005, which came into force in March 2006, most wage-fixing responsibility was transferred from the Australian Industrial Relations Commission (AIRC) to the Australian Fair Pay Commission (AFPC). In its previous comment, the Committee noted concerns raised by the Human Rights and Equal Opportunity Commission (HREOC) regarding the removal of state industrial relations jurisdiction, and thereby removing an important avenue of redress for workers with respect to pay equity matters. In its submission to the AFPC, the HREOC noted that state industrial tribunals have had the most success in assessing historical undervaluation of women’s skills and determining the work value of occupations traditionally carried out by women, but that now the AFPC is the only body with direct responsibility for pay. The Committee also notes that the AFPC has announced two increases in federal minimum wages. Given the central role of the Australian Fair Pay Commission in determining wages, the Committee asks the Government to provide specific information on measures taken or envisaged by the AFPC to narrow the gender pay gap and to promote the principle of equal remuneration for work of equal value, including information as to how progress in this regard is monitored.
2. Australian Workplace Agreements. In its previous observation, the Committee raised concerns regarding the impact, on equal remuneration for men and women for work of equal value, of the move away from award regulation to workplace-based regulation in the setting of wages, in particular through the Australian Workplace Agreements (AWAs). In this context, the Committee asked the Government to provide detailed information on the wages and benefits negotiated under these agreements, and for information on the practical impact of AWAs on the remuneration gap between men and women workers. The Government states in response that no studies have been undertaken assessing the practical impact of the AWAs on the gender pay gap. However, the Government indicates that a report provided to the Minister for Employment and Workplace Relations, pursuant to section 844 of the Workplace Relations Act, 1996, includes information on the developments in bargaining for the making of workplace agreements but has not yet been released publicly. The Committee notes that the Queensland Industrial Relations Commission (QIRC) is undertaking an inquiry into the impact of the Work Choices reforms on pay equity in Queensland. The Committee also notes that a workplace industrial relations survey was undertaken in 2006 in the State of Victoria, with the intention of providing a benchmark for Victorian workplaces following the introduction of the Work Choices reforms, and that two reports were published subsequently, including Women in the Victorian Workplace, which found that workplaces operating under collective agreements provided better pay and conditions than those dependent on individualized bargaining. The Committee once again asks the Government to provide detailed information on the wages and benefits negotiated under AWAs, including with regard to family-friendly provisions, disaggregated by sex and sector, and to forward a copy of the report prepared pursuant to section 844 of the Workplace Relations Act as soon as it is publicly available. The Committee also urges the Government to take steps to undertake a study, with the cooperation of the employers’ and workers’ organizations, on the practical impact of the AWAs on the gender pay gap. The Committee would also welcome information on any follow-up to the workplace industrial relations survey of Victoria in determining the impact of the Work Choices reforms, as well as details of the results of the inquiry undertaken by the QIRC.
The Committee is raising other matters in a request addressed directly to the Government.
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.
Articles 1 and 2 of the Convention. The male-female earnings differential. The Committee notes the comments submitted by the Australian Council of Trade Unions (ACTU) stating that the move away from award regulation to workplace-based regulation in the setting of wages – and more specifically the advent of Australian Workplace Agreements (AWAs) – is associated with the lack of recent progress in narrowing the pay gap between men and women. According to the Government’s report, the policy of encouraging AWAs directly benefits working Australian women, who are paid at a higher rate on AWAs than women whose wages are determined by collective agreement. The ACTU points out, however, that in 2004, the gap for non-managerial employees was in fact widest between men and women working under AWAs, whereas there was no gap between workers whose remuneration had been set under the award system. The ACTU alleges that the Government’s plan to further reduce the award system will negate many of the pay equity benefits already achieved. It also adds that AWAs are less likely to contain family-friendly provisions compared with collective agreements. Consequently, the use of AWAs has a particularly adverse effect in reducing non-wage benefits that might enable workers (predominantly women) to reconcile work and family responsibilities. In addition, the Committee notes from the WiSER report to the Human Rights and Equal Opportunity Commission (HREOC) on women’s pay and workplace conditions that, under AWAs, the trading off of entitlements for higher wages may become increasingly common making it difficult to resort to the wage alone as an adequate measure of remuneration which, under the Convention, includes the basic wage and any additional emoluments payable to the worker. Given the considerable growth in the use of AWAs including in female-dominated sectors, the Committee asks the Government to provide detailed information in its next report on the wages and benefits negotiated under these agreements, including with regard to family-friendly provisions, disaggregated by sex and sector. Please also include information on the AWAs’ practical impact on the existing remuneration gap between men and women workers.
The Committee notes the information provided in the Government’s reports submitted in 2002 and 2003, including statistical data, as well as the attached documentation. It also notes the comments provide by the Australian Chamber of Commerce and Industry attached to the Government’s report.
1. The Committee notes that, according to the most recent employee earnings of hours survey of the Australian Bureau of Statistics, the ratio of female to male average weekly ordinary time earnings (AWOTE) for full-time non-managerial employees was 89.9 per cent in May 2000, up from 89.1 per cent in May 1998. For the same time period, the AWOTE for full-time managerial employees was 78.7 per cent, down slightly from 79.4 per cent. The quarterly average weekly earnings (AWE) survey showed that the ratio of female-to-male average weekly ordinary-time earnings decreased slightly from 84.6 per cent in February 2002 to 84.3 per cent in February 2003. The Government is requested to continue to provide similar statistical information, including information on the income levels of women and men in part-time work. Noting the indication by the Australian Chamber of Commerce and Industry that the gender wage gap may be explained to some extent by occupational segregation, the Committee would also appreciate receiving any information on measures taken to address the question of undervaluation of work in female-dominated occupations and sectors.
2. The Committee notes that the Workplace Relations Amendment Act 2002 changed the procedures of the Australian Industrial Relations Commission with regard to applications for orders under Division 2 (equal remuneration for work of equal value) of Part VIA of the Workplace Relations Act, 1996 (WRA). Under new section 170JEB, a party to a proceeding before a single member of the Commission, or the Minister may apply to have the application dealt with by a full bench of the Commission because it is of such importance that this was in the public interest. The Committee also notes that, under new section 170JEC, the president of the Commission may decide to deal with an application, whether or not another member of the Commission has begun to deal with a particular proceeding in relation to an application. In that case, the president can hear and determine the application or refer it to a full bench. While the Committee welcomes the possibility of having applications regarding equal pay dealt with by a full bench, it notes that the president may now decide to hear and decide applications already before a single member of the Commission. The Government is requested to continue provide to provide copies of decisions taken by the Commission on equal pay matters and information on any orders issued by the president or full benches under sections 170JEB and 170JEC of the WRA.
3. Recalling its previous comments on how organizations reporting under the Equal Opportunity for Women in the Workplace Act, 1999 (EOWWA), have addressed equal pay issues, the Committee notes from the Government’s report that currently only a low number of companies take action in this regard due to a low level of practical understanding by employers of how to identify pay inequality issues and remedy them. In this regard, the Committee notes the promotional activities and materials developed, including the kit on conditions of service, which includes a section for pay equality. The Government is asked to continue to provide information on how the principle of the Convention is promoted under the EOWWA, including information on the relevant activities of the Equal Opportunities for Women in the Workplace Agency.
4. With regard to its previous comments concerning the measures taken by the Human Rights and Equal Opportunities Commission (HREOC) and the Sex Discrimination Commissioner, the Committee notes the release of the Pregnancy Guidelines in April 2001 which, inter alia, outline how a number of discriminatory practices can impact on pay equity for women. The Government is asked to continue to provide information on the relevant activities of the HREOC and the Sex Discrimination Commissioner, including complaints received and dealt with concerning equal remuneration of men and women for work of equal value.
5. States and territories. (a) New South Wales. With reference to its previous comments concerning the Equal Remuneration Principle handed down by the New South Wales Industrial Relations Commission in June 2000, the Committee notes the information provided on the first claims lodged under the Principle and the awards made. Please continue to provide information on the Commission’s activities with regard to equal pay and any other initiatives taken to implement further the recommendations of the Pay Equality Task Force.
(b) Queensland. The Committee notes from the Government’s report that the Industrial Relations Act, 1999, was amended in 2001 to require that the Queensland Industrial Relations Commission ensure a general ruling about minimum wages at least once a year in order to protect low-income employees not covered by an award or collective agreement, many of whom are women. The Committee notes that it was considered that a failure to protect those workers would be in breach of the equal remuneration provisions of the Industrial Relations Act. Please continue to supply information on the follow-up to the 2000 pay equity inquiry, including the development of a draft pay equity principle that might be adopted.
(c) Western Australia. With reference to its previous comments, the Committee notes with interest that the Industrial Relations Act, 1979, was amended in 2002 to include a new object requiring the Industrial Relations Commission to promote equal remuneration for men and women for work of equal value. Noting that these amendments appear to focus on promotional activities, please continue to provide information on the manner in which the principle of the Convention is applied in state law and practice, including with regard to the definition of remuneration.
(d) South Australia. The Committee notes that in 2002 South Australia completed a comprehensive review of its industrial relations system, the recommendations of which are currently being examined by the state government. The Committee would appreciate receiving information on the follow-up made to the review’s recommendations with regard to equal remuneration, including the recommendation to incorporate pay equity principles into the Industrial Commission’s principles of wage fixing. Please also continue to supply information on the relevant activities of the Employee Ombudsman and the Commissioner for Equal Opportunities.
(e) Tasmania. Please continue to provide information on the application of Principle 9 on equal remuneration for men and women for work of equal value of the State Wage-Fixing Principles and any other measure taken or envisaged with regard to the application of the Convention.
(f) Victoria. The Committee is grateful for the detailed information provided on the application of the Convention in Victoria, including statistical information. It notes that in Victoria full-time women earned 88.5 per cent of their male counterparts. The Committee also notes that the principle of equal remuneration is applied mainly through the Federal Workplace Relations Act and the Victorian Equal Opportunity Act, 1995. Noting that the Industrial Relations Task Force recommended that Victorian employees not covered by a federal award or agreement should have access to review mechanisms to ensure equal remuneration and that equal pay principles should apply in the determination of minimum wages for these employees, the Committee asks the Government to provide information on the follow-up to the task force’s recommendations, as well as on any measures taken to promote the application of the Convention.
The Committee notes the detailed information provided in the Government's report, including statistical data, as well as the attached documentation. Noting that it has not yet received the final response from Victoria concerning the application of the principle of equal remuneration for work of equal value in that state, the Committee asks the Government to supply this information as soon as possible.
1. The Committee notes that, according to the Australian Bureau of Statistics’ Employee Earnings and Hours (EEH) Survey, the ratio of female to male average weekly ordinary-time earnings (AWOTE) for full-time non-managerial workers was approximately 89.1 per cent as of May 1998, representing a slight decrease from 89.5 per cent in May 1996. It notes from the Final Report of the Regulatory Review of the Affirmative Action (Equal Opportunity for Women) Act, 1986, entitled Unfinished business: Equity for women in Australian workplaces (June 1998) that the female-male ratio of average weekly earnings for all full-time employees (taking into account part-time, manager and junior rates) was 66.3 per cent in August 1997, a slight increase from 64.7 per cent in August 1986. Commenting on the status of women in the Australian labour market, the Final Report points to vertical occupational segregation as a contributing factor to the gendered wage gap, noting that significantly more men (approximately 75 per cent) than women (approximately 25 per cent) are managers/administrators. The Final Report also notes that significantly more women (approximately 74 per cent) than men (approximately 26 per cent) are in part-time employment (Unfinished business, at page 50). The Committee would appreciate receiving information on the measures taken or envisaged to address the range of pay equity issues faced by women in the Australian workforce identified in section 3 of the Final Report.
2. The Committee notes the Government’s adoption of the Equal Opportunity for Women in the Workplace Act, 1999 (EOWWA), which replaces the Affirmative Action Act, 1986, and establishes the Equal Opportunity for Women in the Workplace Agency (EOWWA). The Committee notes with some concern that the Act does not require equal remuneration for work of equal value. In this regard, the Committee notes the Government’s indication that, while the EOWWA does not explicitly address equal remuneration, this issue would be included as an identified employment matter under "conditions of service". Accordingly, reporting organizations would be required to give consideration to equal opportunity issues in the context of their conditions of service which can be taken to include pay and non-monetary benefits. The Committee further notes that the EOWWA requires relevant organizations to develop workplace programmes that are action-oriented and aimed at achieving equal opportunity for women. The Committee asks the Government to provide information regarding the application of the EOWWA and to supply specific examples of any instances where reporting organizations have addressed the issue of equal pay as a "condition of service".
3. Referring to its earlier comments regarding the activities of the Human Rights and Equal Opportunity Commission (HREOC) in disseminating information on equal remuneration, the Committee notes the small number of complaints made to the HREOC concerning pay discrimination (five complaints made during the reporting period). In this context, the Committee asks the Government to indicate the measures taken or contemplated to disseminate information to the public regarding their right to bring complaints of pay discrimination under the existing equality legislation as well as protection against retaliation.
4. The Committee notes the copies supplied by the Government of the decisions of 19 May 1998, 21 August 1998 and 26 May 1999 related to the ruling of the Australian Industrial Relations Commission (AIRC) on the HPM Industries Equal Pay Test Case of 8 March 1998. The Committee would be grateful if the Government would continue to supply copies of judicial and administrative decisions relevant to the application of the Convention.
5. The Committee notes that, following the 1999 report entitled Pregnant and productive, demonstrating that pregnancy discrimination and lack of paid maternity leave are important contributors to the unequal remuneration of women, the Sex Discrimination Commissioner will continue to monitor pregnancy discrimination and its impact on pay equity and will issue a set of guidelines addressing these issues. The Committee would appreciate receiving information regarding any measures taken or contemplated as a result of the 1999 report. The Committee also notes the recommendations made by the Sex Discrimination Commissioner that current pay equity provisions under the Workplace Relations Act, 1996, were not in accordance with the Convention and that they be amended to permit applications for equal remuneration for work of equal value to be heard by a full bench of the Australian Industrial Relations Commission. The Committee would appreciate receiving information regarding the results of these and other measures taken by the Sex Discrimination Commissioner relevant to the application of the Convention.
6. States. (a) New South Wales. Referring to its previous comments regarding the recommendations made in the 1998 NSW Pay Equity Inquiry Report, the Committee notes that the Government is considering its position regarding the recommendation that minor legislative amendments be made to the Industrial Relations Act, 1996 (NSW). With respect to the recommendation in the Inquiry Report that the Industrial Relations Commission of NSW develop a new equal remuneration principle, the Committee notes with interest that the decision handed down by the Commission in the Equal Remuneration Principle Case on 30 June 2000 inserts a new equal remuneration principle into the NSW wage-fixing principles which focuses on gender-related undervaluation of work and which permits comparisons across dissimilar jobs and across enterprises. The Committee asks the Government to continue to provide information on any other initiatives taken to implement further the recommendations of the NSW Pay Equity Task Force.
(b) Victoria. The Committee welcomes the indication in the Government’s report that the Victorian government is focussing on anti-discrimination in employment, paying particular attention to the application of the principle of equal pay for work of equal value to all workers and also action to close the earnings gap between men and women. The Committee notes that the Industrial Relations Task Force has been examining the industrial relations framework with a view to recommending to the Government how best to implement its industrial relations policy. The Committee would appreciate receiving information in the Government’s next report with regard to the recommendations made by the task force and any follow-up action taken by the Government.
(c) Queensland. The Committee notes the adoption of the Industrial Relations Act, 1999, which modified the definition of equal remuneration to provide for equal remuneration for work of equal or comparable value. It asks the Government to provide information on the practical implementation of this modified definition. The Committee also notes with interest that the new Act also incorporated pay equity as an "industrial matter" and included equal remuneration among the principal objects of the Act. Noting that the Queensland Industrial Commission will be developing a pay equity principle to ensure that the Commission will provide for equal remuneration for men and women doing work of equal or comparable value and that work in female-dominated industries and occupations is properly valued and remunerated, the Committee asks the Government to supply information in its next report regarding the development and application of the pay equity principle. In respect of its previous comments concerning discriminatory provisions contained in certain awards allocating different allowances or pay rates to men and women employees based on sex, the Committee notes the findings of the Industrial Relations Task Force. While it notes that the Government has already taken measures to implement the task force’s recommendations with regard to legislative amendments, it notes the task force’s finding that a thorough review of discriminatory provisions in Queensland awards has not been completed. In this regard, it notes the task force’s recommendation that such a review be undertaken. The Committee hopes that the review will be completed and that corrective measures will be taken to remove any discriminating provisions from collective agreements. Please supply information on any relevant action taken in the next report.
(d) Western Australia. The Committee notes from the report that the Equal Opportunity Act, 1994, does not specifically refer to "remuneration", nor does the Minimum Conditions of Employment Act, 1993, refer to pay equity. Accordingly, to enable the Committee to assess the application of the principle of equal remuneration for work of equal value in Western Australia, please indicate the manner in which the principle of the Convention is applied in state law and practice.
(e) South Australia. The Committee notes with interest that section 69(2) of the Industrial and Employee Relations Act, 1994, provides that a rate of remuneration fixed by an award, enterprise agreement or contract of employment must be consistent with the Convention. It also notes the activities of the Office of the Employee Ombudsman, whose role includes scrutinizing enterprise agreements and advising employees of their rights, including their right to equal remuneration. The Committee would appreciate receiving information on the activities of the Ombudsman relating to pay equity.
(f) Tasmania. The Committee notes with interest that the State Wage-Fixing Principles 2000 decision of the Tasmanian Industrial Commission incorporated new Principle 9 on pay equity, which provides at 9.1 that the term "pay equity" means equal remuneration for men and women doing work of equal value. Noting that pay equity award applications will be dealt with according to the pay equity principle, the Committee asks the Government to supply information regarding the application of the new principle, as well as to provide information on other measures taken or contemplated with regard to the application of the principle of the Convention.
7. The Committee would be grateful if the Government would continue to provide information on how the principle of equal remuneration enshrined in the legislation of the different states and territories is applied and enforced in practice, including action taken and methods used by the state labour inspectorate and other monitoring bodies to ensure compliance with pay equity provisions. Please also supply information on any other measures taken by the state governments, including the dissemination of educational materials and awareness-raising programmes on pay equity issues as well as information regarding progress achieved in the different states and territories in reducing the male-female remuneration gap.
The Committee notes the detailed information provided in the Government's report and the attached documentation. Noting with regret that the report provides no information concerning the application of the principle of equal remuneration in Tasmania and Victoria, the Committee requests the Government to supply this information in its next report.
1. The Government's report indicates that the ratio of female to male average weekly earnings for full-time non-managerial adults was about 83.4 per cent in February 1998. The Committee notes that the ratio has remained unchanged from the 1995 figures. It also notes that when junior, part-time and casual rates are taken into account, women earned, on an Australia-wide scale, 66 per cent of their male counterparts in May 1997. The Committee thus welcomes the statement in the Government's report that the Sex Discrimination Commissioner considers that evaluation of women's work and the system of discretionary payments should remain priority areas for action. In this connection, the Committee notes the reports and manuals produced by the HREOC dealing with pay equity issues, in particular, the Pay Equity Handbook which provides practical information to employers on general principles for addressing equal pay, objective job evaluation methods and detailed advice on how employers can conduct a job evaluation audit. The Committee requests the Government to provide information, if possible, on the extent to which the Pay Equity Handbook, and other manuals dealing with pay equity issues, have been used in practice by employers and workers as well as an indication of their impact on reducing further the wage gap at federal and state levels. Please continue to provide information on any measures taken to encourage the social partners to take account of the requirements of the Convention and to eliminate discrimination in discretionary payments.
2. At the federal level, the Committee notes the provisions in the Workplace Relations Act of 25 November 1996 relevant to promoting equal remuneration, in particular, Part VI(A), Division 2 on Minimum Entitlements of Employees, which retains the former provisions on equal remuneration for work of equal value under the Industrial Relations Act of 1988 (as amended). The Committee notes the decision of the Australian Industrial Relations Commission (AIRC) on the HPM Industries Equal Pay Test Case of 8 March 1998 which included extensive reference to the Convention and the 1986 General Survey on equal remuneration. The AIRC ruled that work value standards are preferable to competency standards which, in absence of agreement, are not an adequate tool to assess work of equal value. The Committee notes that a further application concerning the appropriate valuation of work is currently under review in relation to the HPM Industries Case, and requests to be provided with a copy of the decision. The Committee further notes that an independent committee has completed a review of the Affirmative Action Act of 1986 and it requests the Government to provide information on the findings and recommendations of the review, in particular as regards equal remuneration, and the follow-up given to it by the Government.
3. States.
(a) Queensland. The Committee notes with interest the adoption of the Workplace Relations Act of 1997 (as amended in 1998), replacing the Industrial Relations Act of 1990, and in particular those provisions relevant to promoting equal remuneration between men and women for work of equal value, and asks the Government to provide information on its practical implementation. The Government's report indicates that 48.77 per cent of all Queensland Workplace Agreements approved by the Industrial Relations Commission covered female employees. The Committee notes with concern the discriminatory provisions contained in the Clothing Trades Award and the Rubber and Plastic Industry Award which allocate different allowances or pay rates to men and women employees based on sex. The Committee hopes that consideration will be given to the removal of these sex-based distinctions in the awards. The Committee notes that an Industrial Relations Task Force has been established to examine the industrial relations system in Queensland, including the area of equal remuneration, and to report to the Government on its findings. The Government is requested to provide information on the findings of this Task Force and measures taken in regard to the application of the principle of equal remuneration.
(b) New South Wales. The Committee notes the detailed report of the Pay Equity Task Force and in particular its comprehensive package of recommendations for implementation between 1997 and 2000, which has been endorsed by the Government as a blueprint for achieving long-term pay equity between men and women. According to the NSW Government's Pay Equity Report 1998, a number of the recommendations of the Task Force have been included in the 1997 Pay Equity Strategy. The Committee notes also that the Minister for Industrial Relations referred the following terms of reference to the Industrial Relations Commission (IRC) for inquiry and report: (1) whether work in female-dominated occupations and industries is undervalued in terms of remuneration paid relative to work in comparable male-dominated occupations and industries; (2) the adequacy of tests and mechanisms for ascertaining the value of work and the extent to which they are equitable in terms of gender; (3) remedial measures to achieve pay equity taking into consideration the provisions of Conventions No. 100 and No. 111; and (4) the mechanisms and processes by which pay equity matters can be brought before the Commission. The Committee asks the Government to keep it informed of the IRC's findings and recommendations on the above points and to indicate the follow-up measures taken. The Government is also requested to report on any other initiatives taken to implement further the recommendations of the Pay Equity Task Force.
(c) South Australia. The Committee notes that the Department of Administrative and Information Services has produced a publication (title unknown) to assist women with the enterprise agreement process, and it would be grateful to receive a copy of this publication. Please also provide any other studies or material which could enable the Committee to assess the practical application of the principle enshrined in the Convention and in state legislation.
4. The Committee refers to its general observation under this Convention and requests the Government to provide information on how the principle of equal remuneration enshrined in the legislation of the different states and territories is applied and enforced in practice, including action taken by the state labour inspectorate and other monitoring bodies to ensure compliance with pay equity provisions. Please also indicate any other measures taken by the state governments, including materials and awareness-raising programmes on pay equity issues or general programmes to promote equal opportunity and treatment of men and women which contribute to the achievement of equal remuneration between men and women for work of equal value.
The Committee notes the detailed report and attached documentation furnished by the Government. Noting with regret that the report provides no indication concerning the application of the Convention in Tasmania, the Committee requests the Government to supply this information in its next report.
1. The Committee notes with interest the decision of the High Court of 4 September 1996 in a matter in which the States of Victoria, South Australia and Western Australia sought declarations that certain provisions of the Industrial Relations Act, 1988, as amended, were invalid (including those provisions allowing for the imposition of obligations on employers with respect to equal pay in the terms of the Convention). In its decision, the High Court largely upheld the relevant provisions of the Act on the basis that the Commonwealth Government had the power to legislate on these matters under section 51 of the Constitution, which concerns the "external affairs" power of the Commonwealth Government. In this regard, the Committee notes that the Workplace Relations and Other Legislation Amendment Act, 1996 (which received Royal Assent on 25 November 1996), has amended and renamed the Industrial Relations Act. The Committee requests the Government to indicate in its next report whether the new Act has made any changes pertinent to the application of the Convention.
2. The Committee notes the progress made in improving the wage gap, particularly in the area of award or agreed base rates of pay, where the ratio of female to male wage rates was 92.8 per cent in May 1995. It also notes that, at the same date, the ratio of female to male average weekly ordinary time earnings for adult full-time non-managerial employees was 91 per cent; and that the ratio of female to male average weekly earnings for full-time non-managerial adults was 84.1 per cent. According to the Government's report, the disparity in actual earnings is caused partly by differences in discretionary payments (such as over-award payments, allowances and bonuses). The Government also points out that the Sex Discrimination Commissioner has considered that the most pressing areas of inequality are also discretionary payments, together with the evaluation of women's work and skills. In this connection, the Committee notes that, arising out of the Sex Discrimination Commissioner's inquiry into sex discrimination in over-award payments, the Department of Industrial Relations is in the process of preparing a self-audit manual to assist employers, employees and trade unions in identifying and eliminating pay discrimination on the basis of sex (including advice on objective job-evaluation techniques) in the workplace. The Committee requests the Government to provide information on any further efforts made to eliminate discrimination in discretionary payments and to furnish a copy of the manual.
3. The Committee notes with interest the terms of the Pay Equity Statement developed by the New South Wales Government in the context of its Pay Equity Strategy. It also notes that the Pay Equity Taskforce, which plays an important role in the Strategy, has undertaken research into, inter alia, the factors which influence the valuing of women's skills, women's access to all forms of remuneration, the role of industrial relations legislation, tribunals and processes in facilitating or inhibiting pay equity, the implications of pay equity for business and employees, and the intersection of industrial relations and the training reform agenda. The Committee looks forward to receiving copies of the Taskforce's recommendations on gender-based wage inequalities.
The Committee notes with interest that a comprehensive report has been received on the application of the Convention. As further initiatives have been taken, and reported upon, beyond those taken during the reporting period, the Committee has decided to examine the application of this Convention at its next session.
Referring to its previous observation, the Committee notes with satisfaction that the New South Wales Industrial Arbitration Act, 1940 (which provided for the declaration of a male basic wage and a female basic wage) has been repealed and replaced by the Industrial Relations Act, 1991, which came into force on 31 March 1992. Section 13 of the new legislation provides for the setting of an "adult basic wage", without differentiation on the basis of sex.
With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its report and the attached documentation.
1. The Committee notes from the information provided on the impact of award restructuring that low-paid workers, including workers in female-dominated areas of employment, have received substantial pay raises through the minimum rates adjustment process. The Committee also notes that, in some cases, award restructuring may have involved women workers surrendering essential employment conditions for wage increases. The Committee requests the Government to continue to provide information both on the progress achieved in the practical application of the Convention through award restructuring and on the negative impact that restructuring may have on women's remuneration, taking into consideration the definition of remuneration contained in Article 1(a) of the Convention.
2. The Committee notes with interest the removal of gender-specific and discriminatory provisions from the Journalists' (Metropolitan Daily Newspapers) Award and the Hotels, Resorts and Hospitality Industry Award. It requests the Government to continue to provide information on further removals of discriminatory provisions from awards.
3. The Committee notes the Government's reference to an inquiry being conducted by the Human Rights and Equal Opportunity Commission into discrimination in overaward remuneration. It requests the Government to provide information on the findings of this inquiry and on any measures taken as a result thereof, to ensure the application of equal remuneration for work of equal value to workers who are being paid above the minimum wage rate or who are not covered by awards, at both the Commonwealth and state levels.
4. The Committee requests the Governmnent to supply copies of any decisions which concern discrimination with respect to pay adopted by the Equal Opportunity Tribunal or by the Human Rights and Equal Opportunity Commission, or by similar courts or bodies established at the state level.
5. The Committee notes with interest the Equal Pay Policy Statement from the Commonwealth Minister for Industrial Relations outlining government initiatives, such as the establishment of an Equal Pay Unit in the Department of Industrial Relations to implement the principle of equal remuneration for men and women workers for work of equal value. The Committee further notes with interest that, pursuant to its pay equity policy, the Government will also, inter alia, promote the use of job evaluation and performance appraisal schemes which are free from gender bias in their design and conduct, and cooperate with state and territory governments to promote a nationally consistent approach to pay equity issues in the application of wage-fixing principles. The Committee requests the Government to continue to supply information on the measures that have been taken or are envisaged to implement its pay equity policy, including the activities of and results achieved by the Equal Pay Unit, in relation in particular with award restructuring.
The Committee notes from the information supplied by the Government in reply to its previous observation that the New South Wales Arbitration Act has not been amended to remove the provisions for setting the male and female basic wages, although a Bill providing a non-discriminatory basic wage is now before Parliament. It hopes that the above-mentioned Act will be amended in order to give full effect to the Convention and that a copy of the amendment will be supplied with the next report.
The Committee notes the detailed information supplied by the Government in its report.
1. The Committee notes that the Conciliation and Arbitration Act 1904 has been replaced by the Industrial Relations Act 1988, and that the Australian Conciliation and Arbitration Commission is now referred to as the Australian Industrial Relations Commission. It notes that in August 1988, the Australian Conciliation and Arbitration Commission established a new wage-fixing system centred on the Structural Efficiency Principle. In the implementation of the Principle, each industrial award will be overhauled to do away with outmoded provisions. The Principle is intended to provide workers at all levels and backgrounds with access to more varied, fulfilling and better paid jobs, while labour market reform and award restructuring are intended to open up new employment opportunities and new areas of training for working women. In this respect, the Committee also notes the Australian Women's Employment Strategy, established in November 1988. Referring to paragraphs 100 and 101 of its 1986 General Survey on Equal Remuneration, where it pointed out that many difficulties often encountered in realising equal remuneration for work of equal value are intimately linked to the general status of women and men in employment and society, the Committee requests the Government to continue to supply information on the practical results obtained in promoting the application of the principle of equal remuneration for work of equal value through the restruturing of awards and through the Australian Women's Employment Strategy.
2. In its previous comments, the Committee noted that numerous legislative provisions and wage arbitration awards were being reviewed in order to delete provisions that discriminated with respect to pay. It notes from the Government's latest report that during the period under review, three Conciliation and Arbitration Boards in Victoria have amended their awards to remove discriminatory provisions relating to unequal remuneration on the basis of sex: the Rabbit Processing Award; the Dryers and Clothes Cleaners Award; and the Hotel, Restaurants and Boarding Houses Award.
The Committee requests the Government to continue to supply information on further progress made in removing discriminatory provisions from awards.
3. The Committee notes that in the June 1989 National Wage Case, the Federal Government supported the proposal of the Australian Council of Trade Unions to lift the wages of the lowest paid through minimum rate adjustment. It notes that in this connection, the Australian Industrial Relations Commission found that there exists in federal awards widespread examples of the prescription of different rates of pay for employees performing the same work. Please supply information in the next report on the progress achieved in this connection.
4. The Committee also notes that awards contain provisions on minimum wage rates. It requests the Government to indicate in its next report how the principle of equal remuneration is assured to men and women workers who are being paid above the minimum wage rate. Please also supply information on the application of the equal remuneration principle to workers who are not covered by an award, and to include information on any decisions adopted by the Human Rights and Equal Opportunity Commission, or by similar commissions established at the state level, that deal with discrimination with respect to pay.
1. The Committee notes with satisfaction that, following a 12-month exemption of the State of Western Australia from the provisions of the federal Sex Discrimination Act 1984, there are currently no awards operating in that State which contain unequal pay provisions. The Committee notes that the exemption was granted in order to allow a review of all state laws, regulations and industrial awards to eliminate sexually discriminatory provisions.
2. In its previous comments, the Committee noted that pursuant to section 57(2) of the Industrial Arbitration Act 1940, the New South Wales Industrial Commission was required to declare a male basic wage and a female basic wage in state wage cases. The Committee notes with interest from the Government's latest report that the removal of the provision relating to a female basic wage is being considered in the process of drafting the new State Industrial Relations Bill 1989.