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ASUEqual Remuneration Case
Sally McManusSecretary – NSW & ACT
Summary
QLD Equal Pay Case Heads of Agreement
with Commonwealth What our claim is
about Timetable What employers can
do Funding campaign
Qld Equal Pay Case
April 2008 – Qld Branch created new State Award to apply to non trading corporations and those who Award free in 2011
Argued Qld pay equity principles to establish that the work in Award had undervalued based on gender
Qld Equal Pay Case
Key points• Gender based because “care” work
seen as extension of women’s role in home and not valued
• Lack of EBAs and bargaining – Award actual rates
• Compared to same jobs in public sector and local government – was undervalued
Qld Equal Pay Case
May 2009 – success – increases range from 18% to 37% depending on classification
Implemented over 3 year period and State wage case decisions also apply
Qld government has made available some funding to pay the increases
Massive victory – 2 fronts Some issues remain
Heads of Agreement
SACS rates and jobs same in all States
Need flow on Choice – State by State and
Federally because mixture of coverage
ASU agreement with the Commonwealth struck 30/10/09
Heads of Agreement
Support for case Qld Principles – NSW jurisprudence Resourcing & research Qld protected Phase in – 4 ½ years – 6 months
stay before commencement Everyone in one system (except
WA)
What’s our claim about? We will pave the way for all others! Fair Work Act provides for Equal
Remuneration Orders – equal or comparable value
Don’t believe need to establish equal remuneration principles – jurisprudence & law established
Don’t want months on principles Result overrides every Award, EBA
What’s our claim about? Need to establish the types of factors to be
addressed in assessing value of work performed by women – look at Award histories, occupation segregation and demographics
Industry comparators, male dominated, evidence
Expert witnesses – industry/pay equity, workplace, economic, qualifications
Worker statements and evidence
What’s our claim about? Claim same as in Queensland re
rates – No discount for salary packaging
Close as possible to Qld classification structure – integration of disability classifications
Looked at remuneration issues – extra claim for improved sleepover provisions based on NSW case for similar work
Timetable
Signing Heads of Agreement was the easy part
Bigger than Ben Hur Involves ACTU, HSU,
LHMU, AWU, AEU New application – no
cases for 13+ years Federally
All 16 cases previously under Federal law – none successful
Timetable
Want decision by December 2010 so can start implementation by July 2011 – coincide with modern Award
Working with Commonwealth and States on evidence
Want employers in loop – ACOSS, State COSS’, peaks
Timetable
Agreed Statement of Facts Evidence like Qld case and significant experts,
economists etc. Significant cost to ASU members and other
union members – coming shortly to discuss how employers can contribute
Full bench of FWA Directions, evidence by June/July Finish – December 2010?
What we want from employers Employer Reference Group
• Keep information flow• Talk about issues & solutions• Establish common views on funding
Funding our case• Trust Fund• Setting up structure for contributions
Funding
Funding of outcome – most important
State and Federal Governments need to be pressured
Lobbying National Day of
Action – 10 June 2010
Funding
Payup.org.au / post cards
We need to work together
Result will need funding
Coordination & unity will be key
Questions & discussion