Chapter 1

[1]        Journals of the Senate, No. 118—17 September 2015, p. 3151.

[2]        Journals of the Senate, No. 122—15 October 2015, p. 3260.

[3]        Journals of the Senate, No. 3—1 September 2016, p. 92.

[4]        Journals of the Senate, No. 15—10 November 2016, p. 451.

[5]        Senate Standing Committee on Education and Employment, Fair Work Amendment (Gender Pay Gap) Bill 2015, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/Gender_pay_gap (accessed 31 October 2016).

[6]        Senate Standing Committee on Education and Employment, Fair Work Amendment (Gender Pay Gap) Bill 2015, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/GenderPayGap45 (accessed 31 October 2016).

[7]        Workplace Gender Equality Agency, Submission 15, p. 4.

[8]        Workplace Gender Equality Agency, Submission 15, p. 4.

[9]        Workplace Gender Equality Agency, Australia's gender equality scorecard – key findings from the Workplace Gender Equality Agency's 2015–16 reporting data, November 2016, pp. 14–15, www.wgea.gov.au/sites/default/files/2015-16-gender-equality-scorecard.pdf  (accessed 16 November 2016).

[10]      Workplace Gender Equality Agency, Gender pay gap statistics, August 2016, p. 3, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet_final.pdf (accessed 31 October 2016).

[11]      Workplace Gender Equality Agency, Submission 15, pp. 5–6.

[12]      See for example Professor Michelle Brown and Ms Leanne Griffin, Submission 8, pp. 3–4; JobWatch, Submission 4, pp. 4–5; Professor Beth Gaze, private capacity,  Proof Committee Hansard, 27 October 2016, p. 2; Finance Sector Union, answers to questions on notice, 27 October 2016 (received 4 November 2016), p. 1; and Ms Stephanie Milione, Convenor, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 33.

[13]      Workplace Gender Equality Agency, Gender pay gap statistics, August 2016, p. 6, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet_final.pdf (accessed 31 October 2016).

[14]      Senator Larissa Waters, Co-Deputy Leader of the Australian Greens, Senate Hansard, 17 September 2015, p. 7125.

[15]      Fair Work Amendment (Gender Pay Gap) Bill 2015, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. 3.

Chapter 2

[1]        See Professor Michelle Brown and Ms Leanne Griffin, Submission 8; Good Shepherd Australia New Zealand, Submission 4; Professor Marian Baird and Ms Alexandra Heron, Submission 18; Finance Sector Union of Australia, Submission 12; Professor Beth Gaze, Submission 17; Victorian Women Lawyers, Submission 11; Law Council of Australia, Submission 13; Professionals Australia, Submission 3; JobWatch, Submission 4; Queensland Nurses' Union, Submission 6; Shop, Distributive and Allied Employees' Association, Submission 7; Australian Council of Trade Unions, Submission 10.

[2]        Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 2.

[3]        Victorian Women Lawyers, Submission 11; Australian Council of Trade Unions, Submission 10.

[4]        Professor Beth Gaze, Submission 17.

[5]        Professor Marian Baird and Ms Alexandra Heron, Submission 18; see also Victorian Women Lawyers, Submission 11.

[6]        Law Council of Australia, Submission 13, pp. 5–6; JobWatch, Submission 4, p. 6; Queensland Nurses' Union, Submission 6, p. 3.

[7]        Australian Federation of Employers and Industries, Submission 16, p. 1; Motor Trade Association of South Australia, Submission 1, p. 4; Ai Group, Submission 14, p. 2; Australian Chamber of Commerce and Industry, Submission 9, p. 8.

[8]        Australian Federation of Employers and Industries, Submission 16, p. 1; Motor Trade Association of South Australia, Submission 1, p. 4; Ai Group, Submission 14, p. 2; Australian Chamber of Commerce and Industry, Submission 9, p. 5.

[9]        The WGEA collects data on the gender composition and remuneration of the workforce from non-public sector employers with 100 or more employees.

[10]      Workplace Gender Equality Agency, Submission 15, p. 4.

[11]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 3; Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 2.

[12]      Shop, Distributive and Allied Employees' Association, Submission 7, p. 3; see also Ms Amy Johnstone, Chair of Law Reform Committee,  Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 35.

[13]      Professionals Australia, Submission 3, p. 1.

[14]      Victorian Women Lawyers, Submission 11, p. 1.

[15]      Finance Sector Union of Australia, Submission 12, p. 1.

[16]      Australian Council of Trade Unions, Submission 10, p. 3.

[17]      Workplace Gender Equality Agency, Submission 15, pp. 4–5.

[18]      Workplace Gender Equality Agency, Gender pay gap statistics, August 2016, pp. 6–8, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet_final.pdf (accessed 31 October 2016).

[19]      Workplace Gender Equality Agency, Submission 15, pp. 5–6; see also Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 4; Law Council of Australia, Submission 13, p. 5.

[20]      Workplace Gender Equality Agency, Submission 15, p. 6; see also Motor Trade Association of South Australia, Submission 1, p. 7.

[21]      Workplace Gender Equality Agency, Submission 15, p. 6; see also Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 2; JobWatch, Submission 4, p. 4.

[22]      Workplace Gender Equality Agency, Submission 15, p. 6; Queensland Nurses' Union, Submission 6, p. 4; Shop, Distributive and Allied Employees' Association, Submission 7,
pp. 1–2.

[23]      Workplace Gender Equality Agency, Submission 15, p. 6.

[24]      Workplace Gender Equality Agency, Submission 15, p. 6.

[25]      Workplace Gender Equality Agency, Submission 15, p. 7.

[26]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 3.

[27]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 4; JobWatch, Submission 4, pp. 4–5; see also Shop, Distributive and Allied Employees' Association, Submission 7, p. 5.

[28]      Professor Beth Gaze, private capacity, Proof Committee Hansard, 27 October 2016, p. 2; see also Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 3.

[29]      The 'Big Four' banks in Australia are the Commonwealth Bank, the National Australia Bank, the ANZ Bank, and Westpac.

[30]      Finance Sector Union, answers to questions on notice, 27 October 2016 (received 4 November 2016), p. 1.

[31]      Finance Sector Union, answers to questions on notice, 27 October 2016 (received 4 November 2016), p.1.

[32]      Finance Sector Union, answers to questions on notice, 27 October 2016 (received 4 November 2016), p.2.

[33]      Finance Sector Union, answers to questions on notice, 27 October 2016 (received 4 November 2016), p. 2.

[34]      Ms Stephanie Milione, Convenor, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 33.

[35]      Ai Group, Submission 14, p. 2.

[36]      Ai Group, Submission 14, p. 3.

[37]      Ai Group, Submission 14, p. 3.

[38]      Workplace Gender Equality Agency, Submission 15, pp. 7 and 11; Professor Michelle Brown and Ms Leanne Griffin, Submission 8, pp.5–7; Good Shepherd Australia New Zealand, Submission 4, p. 1; Finance Sector Union of Australia, Submission 12, pp. 1–2; JobWatch, Submission 4, pp. 4 and 5; Queensland Nurses' Union, Submission 6; p. 5; Shop, Distributive and Allied Employees' Association, Submission 7, pp. 5–6; Australian Council of Trade Unions, Submission 10, pp. 2–4.

[39]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, pp. 2 and 8–9; Australian Council of Trade Unions, Submission 10, pp. 2 and 5.

[40]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, pp. 9–11.

[41]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 9.

[42]      Australian Council of Trade Unions, Submission 10, pp. 5–6.

[43]      Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38.

[44]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 3.

[45]      Ms Amy Johnstone, Chair of Law Reform Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 32.

[46]      Workplace Gender Equality Agency, Submission 15, p. 7.

[47]      Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 3.

[48]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 2.

[49]      Mr Jonathan Kirkwood, Member of the Industrial Law Committee, Federal Litigation and Dispute Resolution Section, Law Council of Australia, Proof Committee Hansard, 27 October 2016, p. 30.

[50]      Workplace Gender Equality Agency, Submission 15, pp. 7 and 11; Professor Michelle Brown and Ms Leanne Griffin, Submission 8, pp. 5–6; see also Australian Council of Trade Unions, Submission 10, pp. 3–4.

[51]      Workplace Gender Equality Agency, Submission 15, p. 3.

[52]      Ms Jackie Woods, Acting Director, Workplace Gender Equality Agency, Proof Committee Hansard, 27 October 2016, p. 45.

[53]      Workplace Gender Equality Agency, Submission 15, pp. 8–9.

[54]      Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 6.

[55]      Professor Beth Gaze, answers to questions on notice, 27 October 2016 (received 3 November 2016), p. 5.

[56]      Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 6.

[57]      Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 4.

[58]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p. 8.

[59]      Professor Michelle Brown and Ms Leanne Griffin, Submission 8, p.3.

[60]      Professor Beth Gaze, answers to questions on notice, 27 October 2016 (received 3 November 2016), p. 3; see also Workplace Gender Equality Agency, Submission 15, p. 8.

[61]      Professor Beth Gaze, answers to questions on notice, 27 October 2016 (received 3 November 2016), p. 3.

[62]      Ms Amanda McIntyre, First Assistant Secretary, Office for Women, Department of the Prime Minister and Cabinet, Proof Committee Hansard, 27 October 2016, p. 46.

[63]      The study referred to is: Marlene Kim, 'Pay Secrecy and the Gender Wage Gap in the United States', Industrial Relations, vol. 54, no. 4, 2015, pp. 648–677.

[64]      Ms Amanda McIntyre, First Assistant Secretary, Office for Women, Department of the Prime Minister and Cabinet, Proof Committee Hansard, 27 October 2016, p. 48.

[65]      Office for Women, Department of the Prime Minister and Cabinet, answers to questions on notice, 27 October 2016 (received 11 November 2016), pp 2–3.

[66]      Workplace Gender Equality Agency, Submission 15, p. 9.

[67]      Workplace Gender Equality Agency, Submission 15, p. 9.

[68]      Workplace Gender Equality Agency, Submission 15, p. 9.

[69]      Workplace Gender Equality Agency, Submission 15, p. 9.

[70]      Workplace Gender Equality Agency, Submission 15, pp. 8–9.

[71]      Australian Chamber of Commerce and Industry, Submission 9, p. 5.

[72]      Australian Federation of Employers and Industries, Submission 16, p. 2.

[73]      Mr Gary Brack, Chief Executive Officer, Australian Federation of Employers and Industries, Proof Committee Hansard, 27 October 2016, p. 20.

[74]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 9.

[75]      Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 41.

[76]      Australian Chamber of Commerce and Industry, Submission 9, p. 9.

[77]      Ms Alana Matheson, Deputy Director of Workplace Relations, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 27 October 2016, p. 26.

[78]      Motor Trade Association of South Australia, Submission 1, p. 3.

[79]      Motor Trade Association of South Australia, Submission 1, p. 9.

[80]      Australian Chamber of Commerce and Industry, Submission 9, pp. 5–6.

[81]      Mr Gary Brack, Chief Executive Officer, Australian Federation of Employers and Industries, Proof Committee Hansard, 27 October 2016, p. 19.

[82]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 4.

[83]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 3.

[84]      Ms Wendy Streets, Local Executive Secretary of the Queensland Branch, Finance Sector Union, Proof Committee Hansard, 27 October 2016, p. 42.

[85]      Australian Chamber of Commerce and Industry, Submission 9, p. 7.

[86]      Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 9.

[87]      Australian Chamber of Commerce and Industry, Submission 9, p. 8.

[88]      Australian Federation of Employers and Industries, Submission 16, p. 2; Australian Chamber of Commerce and Industry, Submission 9, p. 9.

[89]      Ms Alana Matheson, Deputy Director of Workplace Relations, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 27 October 2016, p. 18.

[90]      Motor Trade Association of South Australia, Submission 1, p. 8; see also Australian Chamber of Commerce and Industry, Submission 9, p. 9.

[91]      Australian Chamber of Commerce and Industry, Submission 9, p. 8; Motor Trade Association of South Australia, Submission 1, p. 9.

[92]      Ms Amanda McIntyre, First Assistant Secretary, Office for Women, Department of the Prime Minister and Cabinet, Proof Committee Hansard, 27 October 2016, p. 46.

Chapter 3

[1]        Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 2.

[2]        Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 2.

[3]        Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 7.

[4]        Professor Beth Gaze, Submission 17, p. 1.

[5]        Professor Beth Gaze, Submission 17, pp. 1–2; see also Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 4.

[6]        Professor Beth Gaze, Submission 17, p. 2.

[7]        Ms Sophie Brown, Co-Chair of Work Practices Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 31.

[8]        Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 7; see also Victorian Women Lawyers, Submission 11, p. 2.

[9]        Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38.

[10]      Professor Beth Gaze, Submission 17, p. 2.

[11]      Law Council of Australia, Submission 13, p. 5, emphasis in original.

[12]      Mr Jonathan Kirkwood, Member of the Industrial Law Committee, Federal Litigation and Dispute Resolution Section, Law Council of Australia, Proof Committee Hansard, 27 October 2016, p. 30.

[13]      Ms Sophie Brown, Co-Chair of Work Practices Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 31.

[14]      Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38.

[15]      The relevant part is Part 3-1 of the Fair Work Act 2009 which relates to general workplace protections.

[16]      Law Council of Australia, Submission 13, p. 6.

[17]      Law Council of Australia, Submission 13, p. 6.

[18]      Ms Alana Matheson, Deputy Director of Workplace Relations, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 27 October 2016, p. 18.

[19]      Law Council of Australia, Submission 13, pp. 5–6.

[20]      Ms Erin McCoy, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38; Professor Beth Gaze, Proof Committee Hansard, 27 October 2016, p. 7.

[21]      Professor Andrew Stewart, private capacity,  Proof Committee Hansard, 27 October 2016, p. 8.

[22]      JobWatch, Submission 4, p. 6.

[23]      Queensland Nurses' Union, Submission 6; p. 3.

[24]      Workplace Gender Equality Agency, Submission 15, p. 10.

[25]      Workplace Gender Equality Agency, Submission 15, p. 10.

[26]      Workplace Gender Equality Agency, Submission 15, p. 11.

[27]      Ai Group, Submission 14, pp. 2 and 3.

[28]      Motor Trade Association of South Australia, Submission 1, p. 3.

[29]      Australian Chamber of Commerce and Industry, Submission 9, p. 12.

[30]      Ms Alana Matheson, Deputy Director of Workplace Relations,  Australian Chamber of Commerce and Industry, Proof Committee Hansard, 27 October 2016, p. 21.

[31]      Australian Council of Trade Unions, Submission 10, p. 3.

[32]      Workplace Gender Equality Agency, Australia's gender equality scorecard – key findings from the Workplace Gender Equality Agency's 2015–16 reporting data, November 2016, pp. 14–15, www.wgea.gov.au/sites/default/files/2015-16-gender-equality-scorecard.pdf  (accessed 16 November 2016).

[33]      Workplace Gender Equality Agency, Australia's gender equality scorecard – key findings from the Workplace Gender Equality Agency's 2015–16 reporting data, November 2016, p. 14, www.wgea.gov.au/sites/default/files/2015-16-gender-equality-scorecard.pdf  (accessed 16 November 2016).

[34]      Ms Stephanie Milione, Convenor, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 29.

[35]      Ms Amy Johnstone, Chair of Law Reform Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 36.

[36]      Ms Jackie Woods, Acting Director, Workplace Gender Equality Agency, Proof Committee Hansard, 27 October 2016, p. 49.

[37]      Ms Sophie Brown, Co-Chair of Work Practices Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, pp. 35–36.

[38]      Professor Beth Gaze, answers to questions on notice, 27 October 2016 (received 3 November 2016), pp. 5–6.

[39]      UK House of Commons Women and Equalities Committee, Gender Pay Gap: Second Report of Session 2015–16, March 2016, pp. 73–75.

[40]      KPMG, She's Price(d)less: The economics of the gender pay gap. Update report prepared for Diversity Council Australia and the Workplace Gender Equality Agency, October 2016, pp. 12–14.

[41]      KPMG, She's Price(d)less: The economics of the gender pay gap. Update report prepared for Diversity Council Australia and the Workplace Gender Equality Agency, October 2016, p. 50.

[42]      KPMG, She's Price(d)less: The economics of the gender pay gap. Update report prepared for Diversity Council Australia and the Workplace Gender Equality Agency, October 2016, p. 50.

[43]      KPMG, She's Price(d)less: The economics of the gender pay gap. Update report prepared for Diversity Council Australia and the Workplace Gender Equality Agency, October 2016, pp. 50–56.

[44]      KPMG, She's Price(d)less: The economics of the gender pay gap. Update report prepared for Diversity Council Australia and the Workplace Gender Equality Agency, October 2016, p. 56.

[45]      Senator the Hon Michaelia Cash, Minister for Women, 'Equal Pay Day: progress made but more action required', Media Release, 8 September 2016.

[46]      Ms Amanda McIntyre, First Assistant Secretary, Office for Women, Department of the Prime Minister and Cabinet, Proof Committee Hansard, 27 October 2016, p. 46.

Labor Senators' Dissenting Report

[1]        Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 3.

[2]        Workplace Gender Equality Agency, Gender pay gap statistics, August 2016, pp. 6–8, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet_final.pdf (accessed 31 October 2016).

[3]        Workplace Gender Equality Agency, Submission 15, p. 5.

[4]        Majority committee report, pp. 7–9.

[5]        Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, p. 10.

[6]        Majority committee report, pp. 17–23.

[7]        Professor Michelle Brown, private capacity, Proof Committee Hansard, 27 October 2016, pp. 8–9.

[8]        Workplace Gender Equality Agency, Submission 15, p. 9.

[9]        Majority committee report, p. 29.

[10]      Majority committee report, pp. 27–28.

[11]      See Ms Sophie Brown, Co-Chair of Work Practices Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 31; and Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38.

Australian Greens' Dissenting Report

[1]        Workplace Gender Equality Agency, Australia's gender equality scorecard – key findings from the Workplace Gender Equality Agency's 2015–16 reporting data, November 2016, pp. 14–15, www.wgea.gov.au/sites/default/files/2015-16-gender-equality-scorecard.pdf

[2]        Workplace Gender Equality Agency, Gender pay gap statistics, August 2016, p. 3, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet_final.pdf

[3]        Workplace Gender Equality Agency, Gender Pay Gap Statistics, May 2015, www.wgea.gov.au/sites/default/files/Gender_Pay_Gap_Factsheet.pdf

[4]        Professor Beth Gaze, Submission 17, p. 1.  

[5]        Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 7; see also Victorian Women Lawyers, Submission 11, p. 2.  

[6]        Victorian Women Lawyers, Submission 11, p. 2.

[7]        Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 2; JobWatch, Submission 4, p. 6.

[8]        Law Council of Australia, Submission 13, pp. 5–6 and Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 8.  

[9]        Queensland Nurses' Union, Submission 6; p. 3.  

[10]      Law Council of Australia, Submission 13, p. 5 and Professor Andrew Stewart, private capacity, Proof Committee Hansard, 27 October 2016, p. 2.

[11]      Professor Beth Gaze, Submission 17, p. 2.  

[12]      Ms Erin McCoy, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 27 October 2016, p. 38; Ms Sophie Brown, Co-Chair of Work Practices Committee, Victorian Women Lawyers, Proof Committee Hansard, 27 October 2016, p. 31; and Professor Marian Baird and Ms Alexandra Heron, Submission 18, p. 5.