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1. SACS Equal Remuneration Case Linda White
ASU Assistant National Secretary Family Relationship Services Australia Forum – Canberra – 24 March 2010
2. Summary QLD Equal Pay Case
Heads of Agreement with Commonwealth
What our claim is about
Timetable
What employers can do
Funding campaign Family Relationship Services Australia Forum – Canberra – 24 March 2010
3. Qld Equal Pay Case April 2008 – Qld Branch created new State Award to apply to non trading corporations and those who Award free in 2011
November 2008 – Stage 2 – after Award made started process to adjust rates for pay equity
Argued Qld pay equity principles to establish that the work in Award had undervalued based on gender Family Relationship Services Australia Forum – Canberra – 24 March 2010
4. Qld Equal Pay Case Key points
Gender based because care work – seen as extension of women’s role in home and not valued
Lack of EBAs and bargaining – Award actual rates
Compared to same jobs in public sector and local government – was undervalued Family Relationship Services Australia Forum – Canberra – 24 March 2010
5. Qld Equal Pay Case May 2009 – success – increases range from 18% to 37% depending on classification
Implemented over 3 year period and State wage case decisions also apply
Qld government has made available some funding to pay the increases
Massive victory – 2 fronts
Some issues remain Family Relationship Services Australia Forum – Canberra – 24 March 2010
6. Heads of Agreement SACS rates and jobs same in all States
Need flow on
Choice – State by State and Federally because mixture of coverage
ASU agreement with the Commonwealth struck 30/10/09 Family Relationship Services Australia Forum – Canberra – 24 March 2010
7. Heads of Agreement Support for case
Qld Principles – NSW jurisprudence
Resourcing & research
Qld protected
Phase in – 4 ½ years – 6 months stay before commencement Family Relationship Services Australia Forum – Canberra – 24 March 2010
8. What’s our claim about? Fair Work Act provides for Equal Remuneration Orders – equal or comparable value
Don’t believe need to establish equal remuneration principles – jurisprudence & law established
Don’t want months on principles
Result overrides every Award, EBA Family Relationship Services Australia Forum – Canberra – 24 March 2010
9. What’s our claim about? Need to establish the types of factors to be addressed in assessing value of work performed by women – look at Award histories, occupation segregation and demographics
Industry comparators, male dominated, evidence
Expert witnesses – industry/pay equity, workplace, economic, qualifications
Worker statements and evidence
Family Relationship Services Australia Forum – Canberra – 24 March 2010
10. What’s our claim about? Claim same as in Queensland re rates – No discount for salary packaging
Close as possible to Qld classification structure – integration of disability classifications
Looked at remuneration issues – extra claim for improved sleepover provisions based on NSW case for similar work Family Relationship Services Australia Forum – Canberra – 24 March 2010
11. Timetable Signing Heads of Agreement was the easy part
Bigger than Ben Hur
Involves ACTU, HSU, LHMU, AWU, AEU
New application – no cases for 13+ years Federally
All 16 cases previously under Federal law – none successful Family Relationship Services Australia Forum – Canberra – 24 March 2010
12. Timetable Want decision by December 2010 so can start implementation by July 2011 – coincide with modern Award
Working with Commonwealth and States on evidence
Want employers in loop – ACOSS, State COSS’, peaks
Family Relationship Services Australia Forum – Canberra – 24 March 2010
13. Timetable Agreed Statement of Facts
Evidence like Qld case and significant experts, economists etc.
Significant cost to ASU and other union members – coming shortly to discuss how employers can contribute
Full bench of FWA
Directions, evidence by June/July
Finish – December 2010? Family Relationship Services Australia Forum – Canberra – 24 March 2010
14. What we want from employers Employer Reference Group
Keep information flow
Talk about issues & solutions
Establish common views on funding
Funding our case
Bearing brunt of funding for case
Setting up structure for contributions
Family Relationship Services Australia Forum – Canberra – 24 March 2010
15. Funding Funding of outcome – most important have not forgotten about this
State and Federal Governments need to be pressured
Lobbying
National Day of Action – 10 June 2010 Family Relationship Services Australia Forum – Canberra – 24 March 2010
16. Funding Payup.org.au / post cards
We need to work together
Result will need funding
Coordination & unity will be key Family Relationship Services Australia Forum – Canberra – 24 March 2010
17. Questions & discussion Family Relationship Services Australia Forum – Canberra – 24 March 2010