Equal remuneration under the Fair Work Act 2009

Wages Employment Australia
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apo-nid41142.pdf 2.45 MB

The Commission’s Pay Equity Unit commissioned this research report to:

  • assist parties to equal remuneration proceedings under Part 2-7 to engage in productive discussion and work towards greater consensus in relation to the proceedings; and
  • inform potential parties about the matters they might be required to address and the type of evidence they might be required to bring as part of an equal remuneration proceeding.

The report responds to those objectives in the following structure:

  • setting the global scene, by describing the international labour standards on equal remuneration, providing international data on the GPG and summarising key elements of the approaches taken in selected overseas jurisdictions
  • analysing the treatment of equal remuneration under the Fair Work Act;
  • outlining the SACS case and explaining the various decisions given by the Fair Work Commission and its predecessors 
  • reviewing available literature on how the GPG might be explained and assessed; and
  • drawing on the research undertaken for the above purposes, outlining approaches which might usefully guide the conduct of future proceedings under Part 2-7 of the Fair Work Act

The report also includes three appendices. The first two detail the development of equal remuneration regulation at the federal level (Appendix A) and under the State industrial systems (Appendix B). The third, Appendix C, provides an overview of the approaches taken in the European Union and ten selected countries—Belgium, Canada, Ireland, Finland, the Netherlands, New Zealand, Norway, Sweden, the United Kingdom and the United States.

The report is the product of independent research by the authors, and the views it contains are those of the authors, not of the staff or Members of the Fair Work Commission.

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