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FAIR WORK ACT 2009 - SECT 302

FWC may make an order requiring equal remuneration

Power to make an equal remuneration order

             (1)  The FWC may make any order (an equal remuneration order ) it considers appropriate to ensure that, for employees to whom the order will apply, there will be equal remuneration for work of equal or comparable value.

Meaning of equal remuneration for work of equal or comparable value

             (2)  Equal remuneration for work of equal or comparable value means equal remuneration for men and women workers for work of equal or comparable value.

Who may apply for an equal remuneration order

             (3)  The FWC may make the equal remuneration order only on application by any of the following:

                     (a)  an employee to whom the order will apply;

                     (b)  an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply;

                     (c)  the Sex Discrimination Commissioner.

FWC must take into account orders and determinations made in annual wage reviews

             (4)  In deciding whether to make an equal remuneration order, the FWC must take into account:

                     (a)  orders and determinations made by the FWC in annual wage reviews; and

                     (b)  the reasons for those orders and determinations.

Note:          The FWC must be constituted by an Expert Panel in annual wage reviews (see section 617).

Restriction on power to make an equal remuneration order

             (5)  However, the FWC may make the equal remuneration order only if it is satisfied that, for the employees to whom the order will apply, there is not equal remuneration for work of equal or comparable value.



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