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Women and Work Research Group Pay Equity Workshop

Women and Work Research Group Pay Equity Workshop. Meg Smith University of Western Sydney. Why a ERP?. The most recent phases of pay equity reform have highlighted the importance and value of explicit guidance.

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Women and Work Research Group Pay Equity Workshop

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  1. Women and Work Research GroupPay Equity Workshop Meg Smith University of Western Sydney

  2. Why a ERP? • The most recent phases of pay equity reform have highlighted the importance and value of explicit guidance. • Outside of the more recent ‘test case’ proceedings in state jurisdictions gender pay equity has not been an area of labour law that has been characterised by imaginative decision-making. • There remains a requirement for particular ‘marker points’ of inequity/undervaluation to be captured by a specific direction to FWA members.

  3. In specific terms a federal ERP would … • give explicit focus to the issue of undervaluation as a means of assessing whether the objective of equal remuneration has been met • liberate the FWA’s capacity to assess whether rates of pay for feminised work are properly set because it would not revert routinely to a male standard • if based on the concept of undervaluation be superior to a work value principle as a means to achieve the objective of equal remuneration • provide useful guidance on the methodologies open to applicants. In doing so, it could address the ambiguity created by the Explanatory Memorandum. • [ideally inform also proceedings concerning modern awards objectives]

  4. Lessons from Queensland • The Queensland ERP makes it abundantly clear that gender discrimination is not required to establish undervaluation, and nor are comparisons within and between occupations and industries. • The Queensland ERP is also useful in specifying a non-exhaustive list of matters that may guide the tribunal in its consideration of whether past assessments of the work and remuneration have been affected by the gender of the workers. • There is specific guidance concerning assumptions about the merit or otherwise of prior work value assessments. • These marker points have been referenced by the QIRC in its application of the Principle and have facilitated the Commission’s use of equal remuneration components to remedy undervaluation. • There is no reason why a federal ERP could not and should not do the same.

  5. Relationship with Audits • Debate should not be viewed in either/or terms • Debate gets mired by contrasting views of regulation • Provisions in the FW Act, facilitated by a ERP, are still required particularly for award reliant workers

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