The relationship between industrial law and discrimination law in the determination of women's wage rates within the Australian wage fixing system

Abstract

This thesis broadly reviews the developments which have occurred in relation to the implementation of equal pay principles within the Australian wage fixing process up until March 1991. Although updated references have been included in relation to certain events occurring since this date, an analysis of the Industrial Relations Commission's decision in the National Wage Case, April 1991 is not included in this study. It is worth noting that several issues relevant to wage discrimination were raised in this recent National Wage Case decision chiefly through submissions presented by the Australian Federation of Business and Professional Women. These submissions called for a work skills value inquiry to review all aspects of skill evaluation, including those with a bearing on the relative evaluation of male and female work. The Commission declined to convene such an inquiry, expressing the view that current wage fixing principles already provided ample scope for the review of any specific instances where work typically performed by women was claimed to be undervalued. The Commission confirmed that the 1972 equal pay principles of the Australian Conciliation and Arbitration Commission would continue to apply to special instances, and invited parties appearing before the Commissioner in individual cases to raise any issue they consider inconsistent with the provisions of Section 93 of the Industrial Relations Act 1988 fCtM. Significantly the Commission acknowledged that enterprise bargaining - especially bargaining for overaward payments - placed those sectors of the labour force where women predominate at a relative disadvantage. The above developments suggest that the application of equal pay principles will remain an issue relevant to industrial wage setting policy and practice into the 1990's.