ASU Equal Remuneration Case Sally McManus Secretary – 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