ASUEqual Remuneration Case

Sally McManusSecretary – NSW & ACT

Summary

QLD Equal Pay Case Heads of Agreement

with Commonwealth What our claim is

about Timetable What employers can

do Funding campaign

Qld Equal Pay Case

April 2008 – Qld Branch created new State Award to apply to non trading corporations and those who Award free in 2011

Argued Qld pay equity principles to establish that the work in Award had undervalued based on gender

Qld Equal Pay Case

Key points• Gender based because “care” work

seen as extension of women’s role in home and not valued

• Lack of EBAs and bargaining – Award actual rates

• Compared to same jobs in public sector and local government – was undervalued

Qld Equal Pay Case

May 2009 – success – increases range from 18% to 37% depending on classification

Implemented over 3 year period and State wage case decisions also apply

Qld government has made available some funding to pay the increases

Massive victory – 2 fronts Some issues remain

Heads of Agreement

SACS rates and jobs same in all States

Need flow on Choice – State by State and

Federally because mixture of coverage

ASU agreement with the Commonwealth struck 30/10/09

Heads of Agreement

Support for case Qld Principles – NSW jurisprudence Resourcing & research Qld protected Phase in – 4 ½ years – 6 months

stay before commencement Everyone in one system (except

WA)

What’s our claim about? We will pave the way for all others! Fair Work Act provides for Equal

Remuneration Orders – equal or comparable value

Don’t believe need to establish equal remuneration principles – jurisprudence & law established

Don’t want months on principles Result overrides every Award, EBA

What’s our claim about? Need to establish the types of factors to be

addressed in assessing value of work performed by women – look at Award histories, occupation segregation and demographics

Industry comparators, male dominated, evidence

Expert witnesses – industry/pay equity, workplace, economic, qualifications

Worker statements and evidence

What’s our claim about? Claim same as in Queensland re

rates – No discount for salary packaging

Close as possible to Qld classification structure – integration of disability classifications

Looked at remuneration issues – extra claim for improved sleepover provisions based on NSW case for similar work

Timetable

Signing Heads of Agreement was the easy part

Bigger than Ben Hur Involves ACTU, HSU,

LHMU, AWU, AEU New application – no

cases for 13+ years Federally

All 16 cases previously under Federal law – none successful

Timetable

Want decision by December 2010 so can start implementation by July 2011 – coincide with modern Award

Working with Commonwealth and States on evidence

Want employers in loop – ACOSS, State COSS’, peaks

Timetable

Agreed Statement of Facts Evidence like Qld case and significant experts,

economists etc. Significant cost to ASU members and other

union members – coming shortly to discuss how employers can contribute

Full bench of FWA Directions, evidence by June/July Finish – December 2010?

What we want from employers Employer Reference Group

• Keep information flow• Talk about issues & solutions• Establish common views on funding

Funding our case• Trust Fund• Setting up structure for contributions

Funding

Funding of outcome – most important

State and Federal Governments need to be pressured

Lobbying National Day of

Action – 10 June 2010

Funding

Payup.org.au / post cards

We need to work together

Result will need funding

Coordination & unity will be key

Questions & discussion