Equal Remuneration Case

The Australian Services Union applied to Fair Work Australia (‘FWA’) (now the Fair Work Commission) on behalf of non-government workers in the Social, Community and Disability Services (SACS) industry for an equal remuneration order to address gender-related underpayment. They argued that because the majority of workers in the SACS industry were female, they were compensated less than other state and local government employees in more male-dominated fields. The Full Bench of FWA found that gender had an important influence on the alleged pay gap, even though it was not the sole cause. In a landmark decision, FWA ordered increases of between 19% and 41% to the award rate to remedy the part gender had played in inhibiting long-term wage growth in the SACS industry – i.e., to prevent the SACS employees from suffering disadvantageous treatment for being predominantly female.

Topics

• Employment discrimination
• Gender discrimination

Geographical location

• Australia and Oceania
• Australia

Keywords

• workplace discrimination
• pay equity

Year

• 2012

External URL

• Equal Remuneration Case

Court

• Fair Work Australia

Type

• Domestic Case Law

Jurisdiction

• Australia