INDUSTRIAL RELATIONS AND EMPLOYMENT
Item 10 - PAY EQUITY INQUIRY - SUMMARY OF FINDINGS AND
RECOMMENDATIONS
Contact: Industrial Officers, LGSA.
The NSW Department of Industrial Relations has released a summary
of findings and
recommendations of the Pay Equity Inquiry which took place between
December 1997 and July 1998.
The Pay Equity Inquiry was called by the NSW Industrial Relations
Commission to investigate the undervaluation
of women's skills, and methods for addressing pay inequity. A Pay
Equity Taskforce was established to assist in
the inquiry, which took place between December 1997 and July 1998.
In order for the inquiry to be as effective as possible, case
studies from six industries and occupations which are
dominated by women, and industries and occupations which are
dominated by men, were chosen to provide
comparisons. These occupations and industries provided a
cross-section of professional and para-professional,
skilled, unskilled, trades and non-trades positions in both the
public and private sector. An additional case study
was added in April 1998.
Under its Terms of Reference, the inquiry investigated the
undervaluation of women-dominated occupations and
industries, and considered how gender-based wage inequity might be
redressed in practical and economically
sustainable ways.
In the case studies presented to the inquiry, the commission found
undervaluation of childcare workers,
hairdressers and beauty therapists, librarians, seafood processors
and clothing outworkers. The commission's
report identifies a range of approaches to address pay inequity in
its findings and conclusions.
One of the major conclusions of the report is that the existing NSW
industrial system, if modified, provides the
most effective means of rectifying pay equity. The report concludes
that:
"Remedies designed to remove undervaluation of work in
female-dominated industries and occupations should be
established within the framework of the existing industrial
relations system in NSW. The remedies should be
derived from industrial legislation, [and] the principles of equal
remuneration developed by the Commission" (Pay
Equity Inquiry Report, Volume 2 at 149).
The report finds that undervaluation of women's work may arise for
a number of reasons, including:
- gender assumptions in work value assessments
- ooccupational segregation (which may cause female-dominated
industries to be undervalued because they are
female dominated)
- other factors to do with the poor bargaining position of
female-dominated occupations and industries.
Consequently, the report finds that comparisons between
female-dominated occupations and industries and
male-dominated occupations and industries should not be
prerequisites for equal remuneration claims.
Undervaluation can be addressed in the industrial system through
the establishment of equal remuneration
principles and the use of a non gender-biased work value principle.
The award review process should allow the
examination of possible undervaluation in female dominated
industries.
The report proposes that remedies should be derived from industrial
legislation, principles of equal remuneration
developed by the commission, principles of wage fixation, and
development over time of industrial jurisprudence.
It also accepts that the best method to deal with pay inequity
issue is a case-by-case approach.
Legislative proposals
The commission�s report proposes a package of legislative
amendments to fine tune and clarify the Act on matters
concerning pay equity. This would provide a jurisdictional
foundation on which principles will be developed. The
report also makes a number of legislative recommendations with
reference to the Industrial Relations Act 1996
(NSW) and the Anti-Discrimination Act 1977.
Childcare, which is one of the industries found to have pay
inequity, is the industry which is most relevant to Local
Government and there are already provisions made within the Local
Government (State) Award. The Award is
under review and consequently, if the commission is not satisfied
with the Award provisions, the matter will be
dealt with at that stage.
Councils will be kept informed of any progress. Councils will
receive a copy of the Pay Equity Inquiry's "Summary
of findings and recommendations" and "Legislative proposals" in the
next bulk mail.
For more information contact Sally Woolley at the Associations on:
Phone: (02) 9242 4000
Fax: (02) 9242 411
E-mail: [EMAIL PROTECTED]
I97/0056; I96/0023
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