An equal remuneration order is an order that ensures that there will be equal remuneration for men and women workers for work of equal or comparable value.
We can issue an equal remuneration order by application or on our initiative.
An application for an equal remuneration order can be made by:
- an employee who would be affected by the order
- a union representing such an employee, or
- the Sex Discrimination Commissioner.
Use Form F46A to make an application for an equal remuneration order.
If you are not sure if Form F46A is the right form for you, please contact us.
An Expert Panel will be formed to decide whether an equal remuneration order should be issued.
When deciding whether to issue an equal remuneration order, we may consider:
- comparisons within and between occupations and industries to establish whether the work has been undervalued on the basis of gender,
- whether historically the work has been undervalued on the basis of gender, and
- any fair work instrument or State industrial instrument.
An equal remuneration order cannot reduce an employee's remuneration, but can provide remuneration more beneficial to an employee than the remuneration under a modern award or enterprise agreement that applies to the employee.
An employer that contravenes an equal remuneration order can be liable for a penalty.