Forward with (gender pay) fairness?

Arguing for a combined needs- and collective rights-based approach to equal remuneration, we analyse the pay equity implications of Australia’s new national industrial relations system under Fair Work Australia’s arbitral, mediation, monitoring and support functions. Annual safety net adjustments, periodic updating of modern awards and some access for low-paid workers to collective bargaining may prevent a widening of the gender pay gap. The provisions for equal or comparable value and Equal Remuneration Orders in the Fair Work Bill need to be backed by an Equal Remuneration principle allowing structural undervaluation in female-dominated jobs to be addressed, without recourse to evidence of direct discrimination or comparators’ pay. The House of Representatives Pay Equity Inquiry, reporting in mid 2009 after the legislative framework is complete, will need to suggest ways for FWA’s administrative arm to work with equal opportunity and skills policy bodies in resourcing workplace-level pay equity practice.