This Part allows FWC to make orders to ensure that there will be equal remuneration for men and women workers for work of equal or comparable value.
In this Part, employee means a national system employee, and employer means a national system employer.
Note: see also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in certain circumstances).
Power to make an equal remuneration order
(1) The FWC may make any order (an equal remuneration order) it considers appropriate to ensure that, for employees to whom the order will apply, there will be equal remuneration for work of equal or comparable value.
Meaning of equal remuneration for work of equal or comparable value
(2) Equal remuneration for work of equal or comparable value means equal remuneration for men and women workers for work of equal or comparable value.
Who may apply for an equal remuneration order
(3) The FWC may make the equal remuneration order only on application by any of the following:
(a) an employee to whom the order will apply;
(b) an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply;
(c) the Sex Discrimination Commissioner.
FWC must take into account orders and determinations of the Minimum Wage Panel
(4) In deciding whether to make an equal remuneration order, the FWC must take into account:
(a) orders and determinations made by the Minimum Wage Panel in annual wage reviews; and
(b) the reasons for those orders and determinations.
Restriction on power to make an equal remuneration order
(5) However, the FWC may make the equal remuneration order only if it is satisfied that, for the employees to whom the order will apply, there is not equal remuneration for work of equal or comparable value.
(1) Without limiting subsection 302(1), an equal remuneration order may provide for such increases in rates of remuneration as the FWC considers appropriate to ensure that, for employees to whom the order will apply, there will be equal remuneration for work of equal or comparable value.
(2) An equal remuneration order must not provide for a reduction in an employee’s rate of remuneration.
An equal remuneration order may implement equal remuneration for work of equal or comparable value in stages (as provided in the order) if the FWC considers that it is not feasible to implement equal remuneration for work of equal or comparable value when the order comes into operation.
An employer must not contravene a term of an equal remuneration order.
Note: This section is a civil remedy provision (see Part 4-1).
A term of a modern award, an enterprise agreement or an FWC order has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal remuneration order that applies to the employee.