Equal Work Equal Pay

FWA says “Yes to Equal Pay” - more information required before pay rates are set.

Details

Published on Monday, 16 May, 2011

Fair Work Australia has found that social and community service workers are not receiving equal pay and that a significant cause of the pay gap is because of gender. However FWA has stopped short of increasing wages until it has heard further from the parties.

ASU of NSW Secretary Sally McManus said, "This is a great day for women and a great day for community workers. At last we have had the value of our work recognized and everyone is on notice that an increase in wages is on the way."

In handing down its decision FWA said, "We have concluded that for employees in the SACS industry there is not equal remuneration for men and women workers for work of equal or comparable value by comparison with workers in state and local government employment. We consider gender has been important in creating the gap between pay in the SACS industry and pay in comparable state and local government employment."

In its decision FWA found that the Fair Work Act had significantly altered the law on equal pay and agreed with the ASU that:

• It did NOT need to prove discrimination, and,
• It did not need to compare SACS workers with male workers.

FWA said:

"We have found that employees in the SACS industry are predominantly women and are generally remunerated at a level below that of employees of state and local governments who perform similar work."

"We record our view, reached on the material before us, that for employees in the SACS industry there is not equal remuneration for men and women workers for work of equal or comparable value by comparison with state and local government employment."

"In this decision we have concluded that for employees in the SACS industry there is not equal remuneration for men and women workers for work of equal or comparable value by comparison with workers in state and local government employment. We consider gender has been important in creating the gap between pay in the SACS industry and pay in comparable state and local government employment. And, in order to give effect to the equal remuneration provisions, the proper approach is to attempt to identify the extent to which gender has inhibited wages growth in the SACS industry and to mould a remedy which addresses that situation. We have reached some preliminary views about how that might be done, recognising that simply adopting the pay rates resulting from the Queensland Equal Remuneration decision is not appropriate. It is desirable, however, that we give the parties the opportunity to make further submissions on the matters."

Today's decision can be downloaded from the Fair Work Australia website here:
http://www.fwa.gov.au/sites/remuneration/decisions/2011fwafb2700.htm#P1384_193791