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This is a Bill, not an Act. For current law, see the Acts databases.


INDUSTRIAL RELATIONS (EQUAL REMUNERATION) AMENDMENT BILL 2011

                     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:




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     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




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     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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                                                                                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




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     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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                                                                           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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