Pay equity and the legal requirements

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Taking action to ensure equal remuneration between women and men is an important step for organisations to proactively manage any associated legal risks. Organisations are required by law to provide equal pay to employees who are performing work of equal or comparable value. It is important that organisations meet their legal obligations, as failure to do so may result in the organisation and individuals being exposed to a range of legal claims. 

You can access a guide to pay equity and legal risk management

Awards and enterprise agreements are common methods of setting pay for organisations.

You can access a guide to pay equity and awards and agreements here.

For more information on awards, enterprise agreements and other registered agreements including relevant pay scales, please visit the Fair Work Ombudsman or Fair Work Commission

Please access the guide for Pay equity and legal risk management (below) for more information:

Pay equity and legal risk management

In collaboration with the Workplace Gender Equality Agency, Dentons has developed this briefing note which outlines the legal framework related to pay equity. This briefing note also outlines key considerations for organisations in managing their legal risks at each of the six stages of the pay equity journey.

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For an objective and fair assessment of jobs, gender bias must be considered during job evaluation. If gender bias is not considered, it is possible that key dimensions of jobs typically performed by women are at risk of being undervalued. This can contributed to the perpetuation of the gender pay gap (International Labour Office, 2008).

Standards Australia  have developed standards for Gender-Inclusive Job Evaluation. To support organisations in adopting the standards, the WGEA has worked with a committee of job evaluation and equity specialists to produce a guide to the Australian Standards on gender-inclusive job evaluation and grading.

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Image is a decorative banner which says Guide to gender pay equity

The guide to pay equity (linked below) provides a step-by-step guidance to: 

  • facilitate an understanding of what is meant by gender pay gaps and the causes of gender pay gaps
  • help you identify and analyse any gender related pay gaps within your organisation, with a focus on like-for-like gender pay gaps
  • establish goals, strategies and actions to manage and  
  • improve gender pay equity in your organisation.

Image is decorative and depicts the cover of the guide to pay equity