Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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.