Case Law Equal remuneration principle [2000] NSWIRC

This decision by the NSW Industrial Relations Commission created a new principle for equal remuneration in NSW that seeks to eliminate both directly and indirectly discriminatory provisions in agreements and awards. This principle is two-fold:

• First, the assessment of the work, skill and responsibility required under this principle is to be approached on a gender-neutral basis and in the absence of assumptions based on gender.

• Second, in applying this principle, the Commission is required to ensure that any alteration to wage relativities is based upon the work, skill and responsibility required, including the conditions under which the work is performed.

While this case is only binding in the NSW jurisdiction, it is influential in other Australian courts. In short, the principal aims were to ensure that there are no artificial barriers to a proper assessment of wages on a gender-neutral foundation. This principle emphasises that equal remuneration issues must be addressed on a case-by-case basis.

This principle was applied in the Public Sector Librarians Equal Remuneration Case [2002].

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