About Pay Equity What does the law require?

The right to equal pay was introduced in Australia under legislation and through award provisions. The earliest action to implement equal pay took place in the Equal Pay Test Cases before the Conciliation and Arbitration Commission in 1969 and 1972.

In 1993, the Commonwealth Industrial Relations Act 1988 was amended to include equal remuneration provisions in federal industrial legislation for the first time.

The Australian Workplace Relations Act 1996 was later amended to require employers to provide men and women with equal remuneration for work of equal value, ‘without discrimination based on sex’. These provisions gave domestic effect to the International Labour Organisation (ILO) Convention (No. 100) concerning Equal Remuneration for Men and Women Workers (also known as the Equal Remuneration Convention 1951), which was ratified by Australia in 1974.

The federal Sex Discrimination Act 1984 prohibits direct and indirect discrimination on the grounds of sex, marital status, pregnancy and potential pregnancy in the terms or conditions on which employment is offered or afforded to the employee. This Act also prohibits the denial of access based on an employee’s gender to opportunities for promotion, transfer, training or any other benefits associated with employment.

Who does the law cover?
Equal remuneration law covers a broad range of workers regardless of their length of service and their employment status. Coverage does not depend on whether a worker is part or full-time, permanent or temporary.

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