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


INDUSTRIAL RELATIONS (EQUAL REMUNERATION) AMENDMENT BILL 2018

                     Western Australia


Industrial Relations (Equal Remuneration)
           Amendment Bill 2018

                         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                                     3
       23C.     Equal remuneration order                   3
 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




                          62--1                                 page i
                           Western Australia


                      LEGISLATIVE COUNCIL

             (Introduced by the Hon. Alison Xamon MLC)



    Industrial Relations (Equal Remuneration)
               Amendment Bill 2018


                               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 2018



     s. 1




1    1.         Short title
2               This is the Industrial Relations (Equal Remuneration)
3               Amendment Act 2018.

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 delete paragraph (ac) and insert:
14

15                     (ac)   to ensure equal remuneration for men and
16                            women employees for work of equal or
17                            comparable value; and
18


19   5.         Section 7 amended
20        (1)   In section 7(1) insert in alphabetical order:
21

22                    equal remuneration for work of equal or comparable
23                    value has the meaning given in section 23C(1);
24                    equal remuneration order has the meaning given in
25                    section 23C(2);
26                    remuneration, for a provision relating to work of equal
27                    or comparable value, includes --
28                      (a) the wage or salary payable to an employee; and

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                 Industrial Relations (Equal Remuneration) Amendment Bill 2018



                                                                                  s. 6



1                         (b)    amounts payable or other benefits made
2                                available to an employee under a contract of
3                                service;
4

5         (2)   In section 7(1) in the definition of industrial matter after
6               paragraph (a) insert:
7

8                        (ba)    equal remuneration for men and women
9                                employees for work of equal or comparable
10                               value;
11


12   6.         Section 23 amended
13              In section 23(3):
14                (a) in paragraph (h)(ii) delete "section 23A." and insert:
15

16                        section 23A;
17

18                 (b)    after paragraph (h) insert:
19
20                         (i)   on a claim for equal remuneration for work of
21                               equal or comparable value, make any order
22                               except an order that is authorised under
23                               section 23C.
24

25   7.         Section 23C inserted
26              After section 23B insert:
27

28          23C.         Equal remuneration order
29              (1)      In this section --
30                       equal remuneration for work of equal or comparable
31                       value means equal remuneration for men and women
32                       employees for work of equal or comparable value.

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     s. 7



1             (2)   The Commission may make an order (an equal
2                   remuneration order) if the Commission considers it
3                   appropriate to ensure that, for employees to whom the
4                   order will apply, there will be equal remuneration for
5                   work of equal or comparable value.
6             (3)   However, the Commission may make the equal
7                   remuneration order only if it is satisfied that, for the
8                   employees to whom the order will apply, there is not
9                   equal remuneration for work of equal or comparable
10                  value.
11            (4)   Without limiting subsection (2), an equal remuneration
12                  order may provide for such increases in rates of
13                  remuneration as the Commission considers appropriate
14                  to ensure that, for employees to whom the order will
15                  apply, there will be equal remuneration for work of
16                  equal or comparable value.
17            (5)   An equal remuneration order must not provide for a
18                  reduction in an employee's rate of remuneration.
19            (6)   An equal remuneration order may implement equal
20                  remuneration for work of equal or comparable value --
21                    (a) immediately; or
22                    (b) progressively, in stages as provided in the
23                        order.
24            (7)   An employer must not reduce an employee's
25                  remuneration because a claim for an equal
26                  remuneration order, or an equal remuneration order,
27                  has been made.
28            (8)   If an employer purports to do so, the reduction is of no
29                  effect.




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            Industrial Relations (Equal Remuneration) Amendment Bill 2018



                                                                                s. 8



1          (9)     A term of an award, industrial agreement or order has
2                  no effect in relation to an employee to the extent that it
3                  is less beneficial to the employee than a term of an
4                  equal remuneration order that applies to the employee.
5         (10)     Subject to section 29AB, this section does not limit any
6                  right a person may otherwise have to secure equal
7                  remuneration for work of equal or comparable value.
8


9    8.    Section 29 amended
10         In section 29(1):
11           (a) in paragraph (b)(ii) delete "employment," and insert:
12

13                  employment; or
14


15          (b)     after paragraph (b)(ii) insert:
16

17                         (iii)   for equal remuneration for work of
18                                 equal or comparable value,
19

20           (c)    in paragraph (b) delete "by the employee." and insert:
21

22                  by the employee; or
23

24          (d)     after paragraph (b) insert:
25

26                   (c)   in the case of a claim for equal remuneration
27                         for work of equal or comparable value, by the
28                         Commissioner for Equal Opportunity appointed
29                         under the Equal Opportunity Act 1984
30                         section 75.
31




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     Industrial Relations (Equal Remuneration) Amendment Bill 2018



     s. 9



1    9.       Section 29AB inserted
2             After section 29AA insert:
3


4           29AB.   Certain equal remuneration claims not to be
5                   determined
6             (1)   The Commission must not determine a claim for an
7                   equal remuneration order in relation to an employee if
8                   proceedings for an alternative remedy --
9                     (a) to ensure equal remuneration for work of equal
10                          or comparable value for the employee; or
11                    (b) against unequal remuneration for work of equal
12                          or comparable value for the employee,
13                  have commenced under another provision of this Act
14                  or another law of the State or the Commonwealth.
15            (2)   Subsection (1) does not prevent the Commission from
16                  dealing with the claim if the proceedings for the
17                  alternative remedy --
18                    (a) have been discontinued by the party who
19                          commenced the proceedings; or
20                    (b) have failed for want of jurisdiction.
21            (3)   If a claim has been made to the Commission for an
22                  equal remuneration order in relation to an employee, a
23                  person is not entitled to commence proceedings for an
24                  alternative remedy under this Act or any other law of
25                  the State --
26                    (a) to ensure equal remuneration for work of equal
27                           or comparable value for the employee; or
28                    (b) against unequal remuneration for work of equal
29                           or comparable value for the employee.




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            Industrial Relations (Equal Remuneration) Amendment Bill 2018



                                                                          s. 10



1          (4)   Subsection (3) does not prevent a person from
2                commencing proceedings for an alternative remedy if
3                proceedings for an equal remuneration order --
4                  (a) have been discontinued by the party who
5                       commenced the proceedings; or
6                  (b) have failed for want of jurisdiction.
7          (5)   A remedy that --
8                 (a) exists under a law of the State or the
9                      Commonwealth relating to discrimination in
10                     relation to employment; and
11                (b) consists solely of compensation for past
12                     actions,
13               is not an alternative remedy for the purposes of this
14               section.
15   10.   Section 96 amended
16         In section 96(3) after paragraph (b) insert:
17

18                (ca)   to make an equal remuneration order.
19


20




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