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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Industrial Relations (Equal Remuneration)
Amendment Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 6 amended 2
5. Section 7 amended 2
6. Section 23 amended 3
7. Section 23C inserted 4
23C. Equal remuneration order 4
8. Section 29 amended 5
9. Section 29AB inserted 6
29AB. Certain equal remuneration claims not to
be determined 6
10. Section 96 amended 7
237--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by the Hon. Alison Xamon MLC)
Industrial Relations (Equal Remuneration)
Amendment Bill 2011
A Bill for
An Act to amend the Industrial Relations Act 1979.
The Parliament of Western Australia enacts as follows:
page 1
Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 1
1 1. Short title
2 This is the Industrial Relations (Equal Remuneration)
3 Amendment Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Industrial Relations Act 1979.
12 4. Section 6 amended
13 In section 6:
14 (a) delete paragraph (ac) and insert:
15
16 (ac) to ensure equal remuneration for men and
17 women employees for work of equal or
18 comparable value; and
19
20 (b) after paragraphs (a), (aa), (ab) and (ad) to (e) insert:
21
22 and
23
24 5. Section 7 amended
25 (1) In section 7(1) insert in alphabetical order:
26
27 equal remuneration for work of equal or comparable
28 value has the meaning given in section 23C(1);
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Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 6
1 equal remuneration order has the meaning given in
2 section 23C(2);
3 remuneration, for a provision relating to work of equal
4 or comparable value, includes --
5 (a) the wage or salary payable to an employee; and
6 (b) amounts payable or other benefits made
7 available to an employee under a contract of
8 service;
9
10 (2) In section 7(1) in the definition of industrial matter after
11 paragraph (a) insert:
12
13 (ba) equal remuneration for men and women
14 employees for work of equal or comparable
15 value;
16
17 6. Section 23 amended
18 In section 23(3):
19 (a) in paragraph (h)(ii) delete "section 23A." and insert:
20
21 section 23A;
22
23 (b) after paragraph (h) insert:
24
25 (i) on a claim for equal remuneration for work of
26 equal or comparable value, make any order
27 except an order that is authorised under
28 section 23C.
29
page 3
Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 7
1 7. Section 23C inserted
2 After section 23B insert:
3
4 23C. Equal remuneration order
5 (1) In this section --
6 equal remuneration for work of equal or comparable
7 value means equal remuneration for men and women
8 employees for work of equal or comparable value.
9 (2) The Commission may make an order (an equal
10 remuneration order) if the Commission considers it
11 appropriate to ensure that, for employees to whom the
12 order will apply, there will be equal remuneration for
13 work of equal or comparable value.
14 (3) However, the Commission may make the equal
15 remuneration order only if it is satisfied that, for the
16 employees to whom the order will apply, there is not
17 equal remuneration for work of equal or comparable
18 value.
19 (4) Without limiting subsection (2), an equal remuneration
20 order may provide for such increases in rates of
21 remuneration as the Commission considers appropriate
22 to ensure that, for employees to whom the order will
23 apply, there will be equal remuneration for work of
24 equal or comparable value.
25 (5) An equal remuneration order must not provide for a
26 reduction in an employee's rate of remuneration.
27 (6) An equal remuneration order may implement equal
28 remuneration for work of equal or comparable value --
29 (a) immediately; or
30 (b) progressively, in stages as provided in the
31 order.
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Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 8
1 (7) An employer must not reduce an employee's
2 remuneration because a claim for an equal
3 remuneration order, or an equal remuneration order,
4 has been made.
5 (8) If an employer purports to do so, the reduction is of no
6 effect.
7 (9) A term of an award, industrial agreement or order has
8 no effect in relation to an employee to the extent that it
9 is less beneficial to the employee than a term of an
10 equal remuneration order that applies to the employee.
11 (10) Subject to section 29AB, this section does not limit any
12 right a person may otherwise have to secure equal
13 remuneration for work of equal or comparable value.
14
15 8. Section 29 amended
16 In section 29(1):
17 (a) in paragraph (b)(ii) delete "employment," and insert:
18
19 employment; or
20
21 (b) after paragraph (b)(ii) insert:
22
23 (iii) for equal remuneration for work of
24 equal or comparable value,
25
26 (c) in paragraph (b) delete "by the employee." and insert:
27
28 by the employee; or
29
page 5
Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 9
1 (d) after paragraph (b) insert:
2
3 (c) in the case of a claim for equal remuneration
4 for work of equal or comparable value, by the
5 Commissioner for Equal Opportunity appointed
6 under the Equal Opportunity Act 1984
7 section 75.
8
9 9. Section 29AB inserted
10 After section 29AA insert:
11
12 29AB. Certain equal remuneration claims not to be
13 determined
14 (1) The Commission must not determine a claim for an
15 equal remuneration order in relation to an employee if
16 proceedings for an alternative remedy --
17 (a) to ensure equal remuneration for work of equal
18 or comparable value for the employee; or
19 (b) against unequal remuneration for work of equal
20 or comparable value for the employee,
21 have commenced under another provision of this Act
22 or another law of the State or the Commonwealth.
23 (2) Subsection (1) does not prevent the Commission from
24 dealing with the claim if the proceedings for the
25 alternative remedy --
26 (a) have been discontinued by the party who
27 commenced the proceedings; or
28 (b) have failed for want of jurisdiction.
29 (3) If a claim has been made to the Commission for an
30 equal remuneration order in relation to an employee, a
31 person is not entitled to commence proceedings for an
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Industrial Relations (Equal Remuneration) Amendment Bill 2011
s. 10
1 alternative remedy under this Act or any other law of
2 the State --
3 (a) to ensure equal remuneration for work of equal
4 or comparable value for the employee; or
5 (b) against unequal remuneration for work of equal
6 or comparable value for the employee.
7 (4) Subsection (3) does not prevent a person from
8 commencing proceedings for an alternative remedy if
9 proceedings for an equal remuneration order --
10 (a) have been discontinued by the party who
11 commenced the proceedings; or
12 (b) have failed for want of jurisdiction.
13 (5) A remedy that --
14 (a) exists under a law of the State or the
15 Commonwealth relating to discrimination in
16 relation to employment; and
17 (b) consists solely of compensation for past
18 actions,
19 is not an alternative remedy for the purposes of this
20 section.
21 10. Section 96 amended
22 In section 96(3):
23 (a) after paragraph (b) insert:
24
25 (ca) to make an equal remuneration order; and
26
27 (b) after paragraph (a) insert:
28
29 and
30
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