| OIR Home
| FAQs
| What's New
| Links
| Email Updates
| Look and Listen
| Publications
| |
Search |
Work & Family » Pay Equity » Research » Pay Equity Research Series Executive Summary Pay Equity Research Series Executive SummaryThe full text of the Pay Equity Research Series - Executive Summary is available for download in MS Word
IntroductionNew South Wales has been at the forefront of addressing and promoting equal pay for men and women, both through the enactment of equal pay legislation in 1958 (Industrial Arbitration (Female rates) (Amendment Act) and through the State Equal Pay Case in 1973. It had long been assumed that through these developments, the gap between men's and women's wages had been closed and pay equity achieved. Australian Bureau of Statistics (ABS) figures, however, suggest otherwise. The ABS collects information on average weekly earnings nationally and on a state-by-state basis and reports its results quarterly. In May 1999 the ABS published the following statistics, showing that female workers on average still earn well below their male counterparts:
Addressing this continuing gap is a priority for the NSW Government. The statistical evidence highlights the importance of taking a broad approach to factors of remuneration when investigating the solutions to pay inequity and therefore not only directing attention to minimum rates. Most employees would recognise that their take home pay is made up of a variety of components. When taken together, these components more accurately reflect remuneration. The equal pay principles tend to allow only for the value of similar work to be examined and measured. Generally, work value assessments were undertaken where men and women were employed in the same or similar type of work. Given the sex segregated nature of the labour force, the usefulness of such assessments is limited. Confronted with the limitations to achieving pay equity in NSW, the Government developed a strategic and long term program to address these issues. Acknowledging that a number of factors contribute to gender pay disparities, the Government's strategy is to identify and understand the causes of pay inequity and then to focus on remedies incrementally and progressively. Reflecting the complexity of the issue, the Government has not only carried out legislative change via the Industrial Relations Act 1996 (NSW), but has implemented a broad ranging cross-government strategy to address all facets of the gender pay gap. A key component of this approach has been the commissioning of four research papers, which are summarised in this booklet. Two of the case studies were used in evidence before the NSW Pay Equity Inquiry and considered in detail by the NSW Industrial Relations Commission in its Pay Equity Inquiry Report. The NSW Government's Approach to Pay EquityLegislative FrameworkIn 1996 the Government enacted the Industrial Relations Act 1996 (NSW). This Act embarked on a number of industrial relations reforms and importantly established a framework underpinned by fairness and equity in the workplace. The Act acknowledges and attempts to redress the deficiencies of the previous definition of pay equity. Section 23 defines pay equity as 'equal remuneration for men and women doing work of equal or comparable value'. It is intended that remuneration will extend the scope for investigating wage inequities, while the measurement of equal or comparable value will allow the Commission to undertake comparisons of the work across occupations and industries. NSW Government's Pay Equity StrategyThe Government's Pay Equity Strategy was first established in 1996. Since that time, an annual Strategy has been produced each year, containing new initiatives and directions which build on previous activities. In order to achieve long term results, the Government has employed a balanced, measured, and strategic approach to achieving pay equity across the whole of the NSW Government. To complement the emphasis on equity in the Industrial Relations Act 1996 (NSW), five key result areas for Government action were identified to form a framework for the strategy. The key result areas were:
The strategic framework provides an important starting point from which industrial organisations, workers and employers can pursue a number of positive economic and social outcomes for the benefit of women in NSW and the state as a whole. Some of the major achievements initiated under the Pay Equity Strategy include changes to the NSW Industrial Relations Act 1996 to include a broader definition of pay equity, the establishment of the Womens Equity Bureau in 1996, and the development of a work and family strategy. The NSW Pay Equity Inquiry is the Pay Equity Strategy's most notable initiative. The 1999 Pay Equity Strategy is currently being reviewed in order to identify future priorities in light of the Pay Equity Inquiry Report. NSW Pay Equity TaskforceIn 1996, the NSW Government established the NSW Pay Equity Taskforce to consider the undervaluation of women's skills and methods for addressing pay inequity in NSW. The establishment of the Taskforce was the first major initiative under the NSW Pay Equity Strategy. Its membership consisted of experts from a variety of employment areas including industrial relations, women's remuneration, training, the public sector, employer organisations and the trade union movement. The Taskforce released an Issues Paper A Woman's Worth in September 1996, which invited submissions from all interested parties. It was distributed widely and was the central document for consultation during the Taskforce's investigation. The Paper considered the industrial, social, and economic implications of inequitable wage and employment conditions. The Taskforce's work resulted in the production of its Report of the NSW Pay Equity Taskforce, released in March 1997, which made several recommendations for the achievement of pay equity in NSW and formed initiatives for action under the Government's Pay Equity Strategy. The Report examined factors that cause inequities in women's remuneration, women's employment patterns, and the impact of industrial regulation on pay equity. The most significant recommendation made by the Taskforce was that the NSW Industrial Relations Commission hold an Inquiry into pay equity by Ministerial reference. The Taskforce also recommended undertaking the case studies which make up the Pay Equity Research Series. The NSW Pay Equity Taskforce's Issues Paper and Report are available from the Women's Equity Bureau. NSW Pay Equity InquiryThe Inquiry was carried out by the NSW Industrial Relations Commission after terms of reference were forwarded to it by the Minister for Industrial Relations in November 1997. The purpose of the Inquiry was to gather evidence and report on the undervaluation of women's work in NSW. The Inquiry was conducted between January and July 1998. It heard evidence from a wide range of sources and developed a range of responses to be considered by Government. The Commission handed down the Pay Equity Inquiry Report on 14 December 1998. The Minister for Industrial Relations released the Report on 24 December 1998. Its major conclusions were that the most appropriate way for dealing with inequity is through the existing industrial relations system, that minor amendments to the Industrial Relations Act 1996 (NSW) be made to enable this, and that a new equal remuneration principle be developed. The Report also made findings about certain industries. The Report of the Inquiry and a summary of its findings is available online. Equal Remuneration PrincipleOne of the recommendations of the Pay Equity Inquiry was that a new equal remuneration principle be developed to replace the existing equal remuneration principles and that the new principle be applied to the full range of the Commission's functions. The Inquiry put that such a principle could include the following elements:
Hearings before the NSW Industrial Relations Commission to deal with the case for a new equal remuneration principle have been scheduled for February 2000. The Inquiry also recommended that the International Labour Organisation's definition of remuneration be adopted. The definition is:
The Pay Equity Research SeriesAs part of the NSW Government's Pay Equity Strategy the Women's Equity Bureau of the NSW Department for Industrial Relations commissioned and coordinated the four research projects, the aims of which were to assist in the identification and understanding of factors affecting gender pay equity. Each project resulted in the production of a case study research report, each of which sheds light on the issue from a different perspective. The four case studies are: Pay Equity in Children's Services in NSW, by Rosemary Kelly of Specialist Research Services, which deals with pay equity issues for Child Care Workers; Trade Credentials: Do They Help Pay Equity? by Meg Smith and Peter Ewer of Labour Market Alternatives Pty Ltd, a study which compares the earnings and conditions of hairdressers with motor mechanics; "We are all sisters here..." A case study of Pay Equity and NESB women in New South Wales, by Kathryn Heiler of ACCIRT, which focuses on the interrelationship between gender and ethnicity and the combined effect of this on pay equity for women working in the confectionery industry; and, Gender Pay Equity Issues in Red Meat and Poultry Processing, by Meg Smith and Peter Ewer of Labour Market Alternatives Pty Ltd, a comparison between the red and white meat industries. The result of this research is four monographs - The Pay Equity Research Series. Together they consider the barriers to pay equity for women and measures which may assist in rectifying this imbalance. At the same time, they look at the different factors affecting equity in each case, focusing on the particular concerns of each of the industries with which they deal. The case studies on the child care and hairdressing occupations were presented in evidence at the NSW Pay Equity Inquiry, which reported undervaluation of women's work in these fields. The Pay Equity Inquiry Report made a number of specific recommendations which were designed to assist with the achievement of pay equity in these industries. Summaries of each of the case studies follow providing overviews of the major findings of each of these important pieces of research in the quest to achieve pay equity for working women. Where To From Here?The Women's Equity Bureau is continuing work in relation to the jurisdiction. In line with the Commission's Report that a new Equal Remuneration Principle be established, the NSW Government is supporting an application made to the NSW Industrial Relations Commission by the Labor Council of NSW to this effect. The matter will be heard in February 2000. These case studies not only identify inequities but aim to develop practical guidance and assistance for all parties when considering these matters. Once the Industrial Relations Commission has handed down its decision in relation to an Equal Remuneration Principle, WEB will undertake to promote the jurisdiction and assist compliance. Pay Equity in Children's Services in NSWBackgroundIn November 1996, the Women's Equity Bureau of the NSW Department of Industrial Relations commissioned Rosemary Kelly of Specialist Research Services to undertake research into the children's services industry in NSW. The findings of this research are presented in Pay Equity in Children's Services in NSW. The case study identified and analysed factors critical to the achievement of pay equity for women working in the children's services industry in NSW and the barriers to pay equity which have historically applied to these workers. The research was conducted by analysing the history of wage fixation in the industry, along with the relevant industrial awards and legislation, and the key findings of research undertaken prior to this study. Surveys and interviews with stakeholders were also used to provide insight into the current state of play in the children's services industry. The findings were used in evidence at the NSW Industrial Relations Commission's Pay Equity Inquiry. Industry Profile
Scope of the StudyDue to the complexity of the industry and time constraints, this study focused on primary care staff working in the non-Government long day care sector of the children's services industry in NSW. Over 90 per cent of primary care staff are adults and they include untrained Child Care Workers, Child Care Workers holding the Associate Diploma from TAFE, and University qualified Early Childhood Teachers holding Degrees and/or Diplomas. Child Care Workers in this part of the industry, both trained and untrained, are covered by the Miscellaneous Workers - Kindergartens and Child Care Centres Etc. (NSW) State Award, a minimum rates award. Early Childhood Teachers are covered by the Teachers (Non-Government Early Childhood Service Centres Other Than Pre-schools) (State) Award, a paid rates award. The case study identified the level of training undertaken by staff as being the most important factor in determining the quality of child care. Proprietors of long day care centres and pre-schools/kindergartens overwhelmingly considered that Child Care Workers were underpaid and that their skills and responsibilities were not adequately recognised in their rates of pay. Retention of trained staff in the industry is low. In a survey of proprietors, 61.1 per cent of respondents said they had experienced difficulties in recruiting trained staff. FindingsAlthough the benefits of providing quality child care services include improved economic and social outcomes for the whole community, the outcomes of the study demonstrated an undervaluation of the work and a failure to recognise the training, qualifications and competencies of child care workers. The following issues were identified as contributing to this undervaluation. Industrial Relations
Skills and Training
Operational Costs
RecommendationsThe study argues that pay equity principles need to have broader application than to awards alone. A number of recommendations were made based on the findings of the case study with a view to achieving pay equity for child care workers. These include:
Pay Equity InquiryBased on this case study, the NSW Pay Equity Inquiry reported that the children's services industry is one of the female dominated industries that typifies the poorly paid nature of work which is performed predominantly by women. In relation to the importance of competency standards in achieving pay equity, the Inquiry found that their use is limited in fixing remuneration. They do not provide a means of assessing attributes other than relative competencies, such as skills and knowledge and that they are not necessarily related to educational outcomes. While competency standards were valued as an important guide, they were not considered to be a determinative factor. Despite this, the Inquiry found that there has been undervaluation of qualified child care workers over time. The Inquiry also found that the minimum rates adjustment principle made it possible to compare dissimilar work classifications for work value assessments and to address pay equity issues. However, this would not be done adequately unless there was a principle in place to rectify the undervaluation of the work. It was found that the making of consent awards between the parties in female dominated industries was a factor which hindered the operation of the minimum rates adjustment principle. The Inquiry recommendations include the use of Section 19 of the Industrial Relations Act 1996 (NSW), which provides for reviews of awards every three years, as part of the new equal remuneration principle. This would include the principle as an essential consideration. Trade Credentials: Do They Help Pay Equity?In November 1996, the Women's Equity Bureau of the NSW Department of Industrial Relations commissioned Meg Smith and Peter Ewer of Labour Market Alternatives to undertake a research project comparing the female dominated hairdressing trade with the male dominated trade of motor mechanics in NSW. The findings of this research are presented in Trade Credentials: Do They Help Pay Equity? and was submitted as evidence before the NSW Industrial Relations Commission's Pay Equity Inquiry. Scope of the StudyThis case study measures the effects on pay equity of the formal recognition of skills exercised by working women. The study utilised 'institutional analysis', a research methodology which gives prominence to those institutions which recognise and remunerate skill. Data was obtained from the vocational education system, trade unions, industry associations, industrial tribunals and government organisations. The case study also identifies other issues such as the effects of price discounting on wage rates, the labour dynamics of the industries, and the treatment of beauticians under the hairdressers' award, which require further research. The choice of hairdressers and motor mechanics as female and male comparators respectively was prompted by several factors: both occupations are underpinned by a trade credential: both are in the service sector; both are characterised by high rates of employee turnover; both are licensed by a regulatory authority; and motor mechanics rank amongst the lowest paid of those employed in male dominated trades. Hairdressers in NSW are covered by the Hairdressers &c. (State) Award. Most motor mechanics are covered by the Federal Vehicle Industry Repair, Service and Retail Award 1983. The TradesThe hairdressing and motor mechanical trades workforces are relatively young, with low proportions of workers over 40 years of age. Employment is dispersed across a large number of small enterprises, the majority of which employ less than five people. Both groups have a high degree of mobility out of their respective sectors. Both occupations are highly gendered, with 76 per cent of hairdressers being women and 99 per cent of motor mechanics being men. To qualify as a tradesperson in both these fields, an apprenticeship must be completed. In both cases, this requires satisfactory completion of a TAFE course plus on the job training, and the licensing of tradespeople is practised. In the motor vehicle repair trade, the licensing of workplaces is also required. In relation to hairdressing sections of the Local Government Act 1919 (NSW), which set certain standards for hairdressing premises and required those premises to be licensed, have been repealed and this has contributed to the rapid growth in mobile and home based hairdressers. FindingsThe case study tests the extent to which the formal recognition of skill exercised in a female dominated occupation contributes to gender pay equity. The following pay equity issues were identified as a result of this investigation: Regulation
Skills and Training
RemunerationThe difference in average weekly earnings at the time of the research was as follows:
RecommendationsA number of recommendations were made, based on the findings of the case study, in order to achieve pay equity for women working under the hairdressers' award. These include:
Pay Equity InquiryThe case study was submitted by the Crown in evidence at the NSW Pay Equity Inquiry consistent with the case studies recommendations. Consistent with the case study, Glynn J., hearing the Inquiry, reported that the hairdressers' award contained a number of shortcomings. Post trade qualifications and training are not recognised in the award and should be. The failure to reward additional skills demonstrates undervaluation of work. Additionally, the Inquiry found that the 1973 Equal Pay Principles have not been fully applied to the award. Her Honour also found that the setting of rates of pay in hairdressing is affected by factors that contribute to undervaluation in female dominated industries, including small workplaces, low union membership, and low levels of industrial activity. The Inquiry also found that the work of beauty therapists is and has been "greatly undervalued in that it has not been awarded parity with other trades and that ... this position is clearly unacceptable ..." (Pay Equity Inquiry Report, Volume 1, Page 340). Latest DevelopmentsThe NSW Department of Industrial Relations will undertake a review of NSW awards which have not been granted State Wage Case increases. This will take place in preparation for the Crown's submission to the State Wage Case 2000. 'We Are All Sisters Here...'BackgroundIn 1998, the Women's Equity Bureau of the NSW Department of Industrial Relations commissioned Kathryn Heiler from the Australian Centre for Industrial Relations Research and Training to undertake research into pay equity for Non-English Speaking Background (NESB) women in NSW. The Darrell Lea Chocolate Shops Australia Pty Ltd confectionery manufacturing plant at Kogarah in NSW was chosen as the research focus on this issue. The findings are presented as a case study, 'We are all sisters here...'. The case study examines the interrelationship between gender and ethnicity and the effect of this dynamic on pay equity. Both aggregate labour market statistics and workplace level wages data have been used in the report. A range of qualitative and quantitative data was collected from Darrell Lea management and employees and questions were developed to guide the direction of a series of interviews and discussions. Reference was made to other published research undertaken in the confectionery industry to place the research in context. The approach of studying a single enterprise provides the opportunity to explore the confectionery manufacturing sector in microcosm and deals with pay equity issues both from the perspective of a single enterprise and a whole industry. Company ProfileDarrell Lea is a family owned, unionised, medium size confectionery business established in 1928. The company's manufacturing plant is located at Kogarah in Sydney's St George district. It competes against large, multinational companies, both locally and overseas, and operates in an increasingly competitive market in which few Australian firms have survived. Over award wages are paid to all award employees and 90 per cent of the workforce are covered by NSW State awards. Between 200 and 300 people are employed at the site at any one time. Approximately one third of the employees are NESB women. NESB women were found to be attracted to the work at Darrell Lea, while management actively recruited and selected them for particular positions. The work has a seasonal element due to approximately 22 per cent of the company's produce being sold at the peak times of Easter, Valentine's Day and Mothers' Day. Darrell Lea is the largest private sector employer in the St George district. Scope of the StudyThis case study explores the experiences of NESB women in the labour market generally, and one workplace specifically. The research project examines the extent and limits of the interplay between gender and language background in the labour market. The main group of employees focused upon in this case study are covered by the Confectioners (State) Award. FindingsThe presence of three elements were found to contribute to the wages outcomes for the women studied:
The following points were also found in addition to these three broad findings.
RecommendationsA number of recommendations were made based on the findings, which were aimed at improving pay equity for the women at Darrell Lea. However, the recommendations are applicable to all employers in the confectionery industry.
Gender Equity Issues in Red Meat and Poultry ProcessingBackgroundIn 1998, the Women's Equity Bureau of the Department of Industrial Relations commissioned Meg Smith and Peter Ewer of Labour Market Alternatives Pty Ltd to study the degree of pay equity in the red meat and poultry processing industries in NSW. The findings of this research are presented in Gender Pay Equity Issues in Red Meat and Poultry Processing. The purpose of the research was to provide a research base on which to build a pay equity analysis within and between the red meat and poultry processing industries. The study investigated the level of remuneration within both industries, examined the work within and between the industry through inspections at two workplaces, and assessed the factors that impact on the setting of remuneration in both sectors. Industry ProfilesEach of the industries is engaged in the slaughtering, preparation, boning, packing, chilling, freezing, distribution and processing of red meat and poultry products and by-products. Red meat processing is male dominated, with men occupying 83 per cent of all jobs and women being poorly represented in the occupations of slaughtering, boning and slicing, the classifications under which bonus payments are available through the tally system. Poultry processing has a more even distribution with women representing 53 per cent of the workforce. Labour costs account for 50-55 per cent of red meat processing costs and 49 per cent of processing costs in the poultry industry. Red meat processing has a far stronger export orientation, with poultry processing focused mainly on the domestic market. Whereas red meat processing has traditionally been concentrated in purpose-built, publicly regulated abattoirs, poultry processing has evolved from 'backyard' producers and larger family operations, whose main activity was egg production, into a large scale vertically integrated industry. Award coverage also distinguishes the two industries. Poultry processing workers are primarily covered by a NSW State Award. There are a number of state and federal awards that cover red meat processing workers, with the majority of large export oriented abattoirs falling within the coverage of the state jurisdiction. FindingsThe case study indicated that there are significant earning differences between the red meat and white meat processing industries. Comparison Between the Two SectorsIt was found that slaughtering functions between the two industries are not comparable. Slaughtering in poultry processing has become increasingly mechanised while in red meat, the process remains highly labour intensive. Boning and packing work in the two industries is functionally comparable with differences due to the weight of the product, complexity and frequency of work tasks, and the size of manual equipment.
Within Red Meat
Within White Meat
RecommendationsThe case study arrived at a number of recommendations which include:
Latest DevelopmentsA Full Bench decision of the Australian Industrial Relations Commission on 24 September 1999 found that the tally system used in the red meat industry was inappropriate and out dated. The decision was made in accordance with the Workplace Relations Act 1996 (Cth) which requires federal awards to be stripped back to 20 allowable matters. It is the position of the Australian Council of Trade Unions and the Australasian Meat Industry Employees' Union that the decision will have limited impact on the status quo as most employees whose wages are supplemented by the tally are covered by enterprise agreements which include provisions for the operation of the tally system. top |