| House of Representatives Standing Committee on Employment and Workplace Relations

Footnotes

Chapter 1 Introduction

[1]       Work and Family Policy Roundtable, Submission No. 143, p. 1.

[2]       Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, 19 March 2009, pp. 1-2.

[3]       Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 3 citing Australian Bureau of Statistics, Cat No. 6202.0, Labour Force Australia, Canberra, 2008.

[4]       New South Wales Office for Women’s Policy, Submission No. 153, pp. 11-12 citing Trish Todd and Joan Eveline, Report on the Review of the Gender Pay Gap in Western Australia, November 2004, pp. 21-22 at: <http://www.commerce.wa.gov.au/LabourRelations/Content/Work%20Life%20Balance/Pay%20Equity/2004_Review_of_the_Gender_Pay_.html>, viewed 28 September 2009.

[5]       ‘The importance of sex’, Women in the workforce, The Economist, 15 April 2006, p. 16.

[6]       Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 3.

[7]       Australian Education Union, Submission No. 76, p. 21 citing Equal opportunity Commission, 2007, Working Outside the Box: Changing work to meet the future, Executive Summary, Equal Opportunities Commission, European Union, p. 14.

[8]       Australian Education Union, Submission No. 76, p. 21 citing Queensland Industrial Relations Commission, 2006, p. 5.

[9]       Queensland Government, Submission No. 135, p. 3.

[10]     New South Wales Office for Women’s Policy, Submission No. 153, p. 12.

[11]     See discussion in Diversity Council Australia, Submission No. 110, p. 15.

[12]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 82.

[13]     Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2009, p. 23.

[14]     Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 5.

[15]     Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 3.

[16]     New South Wales Office for Women’s Policy, Submission No. 153, pp. 8, 12.

[17]     National Foundation for Australian Women, Submission No. 94, p. 10.

[18]     Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 3.

[19]     Law Council of Australia, Submission No. 144, p. 3.

[20]     ILO Convention 111 defines discrimination as ‘any distinction, exclusion or preference, which has the effects of nullifying or impairing equality of opportunity or treatment in employment or occupation’.

[21]     International Trade Union Confederation, 2008, The Global Gender Pay Gap, p. 53. See also Commission of the European Communities (2007) Communication from the Commission: Tackling the Pay Gap between Women and Men, Brussels 18 July 2007, p. 2.

[22]     Ms Amanda Richards, Assistant General Secretary, Queensland Council of Unions, Transcript of Evidence, 31 March 2009, p. 12.

[23]     Queensland Government, Submission No. 135, p. 4.

[24]     Ms Sarah Tuberville, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 2.

[25]     Commission of the European Communities, Communication from the Commission: Tackling the Pay Gap between Women and Men, Brussels 18 July 2007, pp. 2, 15.

[26]     Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 2.

[27]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 1.

[28]     National Council of Women of Australia Inc Ltd, Submission No. 37, p. 2.

[29]     Queensland Government, Submission No. 135, p. 4.

[30]     Commission of the European Communities (2007) Communication from the Commission: Tackling the Pay Gap between Women and Men, Brussels 18 July 2007, p. 3.

[31]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 3.

[32]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 4.

[33]     Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Submission No. 138, pp. 2-3.

[34]     For example see New South Wales Office of Women’s Policy, Submission No. 153, pp. 3-4; Ms Cate McKenzie, Executive Director, Office of Women and Group Manager Women, Children and Parenting Support, Department of Families, Housing, Community Services and Indigenous Affairs, Transcript of Evidence, 25 September 2008, p. 1; Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 13; Australian Chamber of Commerce and Industry, Submission No. 84, p. 2; National Foundation for Australian Women, Submission No. 94, pp. 2-3; Diversity Council Australia, Submission No. 110, p. 8 citing New South Wales Office of Industrial Relations (2004). Why is there a gap between men’s and women’s earnings? Available at: <http://www.industrialrelations.nsw.gov.au/About_OIR/Issues_and_policy/Archive/Pay_equity_inquiry/Men_and_womens_earning.html>; South Australian Government, Submission No. 124, p. 4; Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 34; Independent Education Union of Australia, Submission No. 100, p. 6.

[35]     Group Training Australia, Submission No. 45, p. 7.

[36]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 11.

[37]     Diversity Council Australia, Submission No. 110, p. 8.

[38]     Finance Sector Union of Australia, Submission No. 122, p. 4.

[39]     Finance Sector Union of Australia, Submission No. 122, p. 1.

[40]     Group Training Australia, Submission No. 45, p. 6.

[41]     New South Wales Office for Women’s Policy, Submission No. 153, p. 12 citing Queensland Industrial Relations Commission, Pay Equity – Time to Act, Final Report of the Queensland Pay Equity Inquiry, September 2007, pp. 21-22 <http://www.qirc.qld.gov.au/inquiry/pay_equity/final/final_report.htm>.

[42]     Queensland Industrial Relations Commission, 2007, Pay Equity TIME TO ACT, Inquiry to examine the impact of the federal Government’s WorkChoices amendments to the Workplace Relations Act 1996 on pay equity in Queensland, pp. 2 and 9.

[43]     Business Victoria at: <http://www.business.vic.gov.au/BUSVIC/STANDARD/PC_61636.html>; Fisher G (2007) Pay Equity Time to Act, Queensland Industrial Relations Commission, September 2007.

[44]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 7.

[45]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 7, citing Gruen D and Garbutt M, 2003, The output implications of Tighter Labour Force Participation, Treasury Working Paper, 2003-02.

[47]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 55.

[48]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 9.

[49]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 6.

Chapter 2 Setting the scene

[1]       Australian Bureau of Statistics, 2008, Labour Force Australia, August 2008, Catalogue No. 6202.0, ABS Canberra.

[2]       Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 2.

[3]       Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, pp. 2-3.

[4]       Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender Earning differentials in Australia: A statistical overview of women’s earnings, unpublished p. 3.

[5]       New South Wales Office of Women’s Policy; Submission No. 153, p. 3 citing Australian Bureau of Statistics, Average Weekly Earnings Australia, Cat No. 6302.0, November 2008, Table 1.

[6]       Department of Education, Employment and Workplace Relations, Submission No. 58, p. 7.

[7]       Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 80.

[8]       Fisher G (2007) Pay Equity Time to Act, Queensland Industrial Relations Commission, September 2007, p. 2.

[9]       Ms Sandra Parker, Group Manager, Workplace Relations Policy Group, Department of Education, Employment and Workplace Relations, Transcript of Evidence, 18 September 2008, p. 1.

[10]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender Earning differentials in Australia: A statistical overview of women’s earnings, unpublished p. 21.

[11]     Smith M, 2008, ‘Pay Equity principles and future agenda’. Paper presented to Women’s Business – Current issues and future agendas Forum, Women and Work Research Group, University of Sydney, 7 March 2008, see also The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, Attachment 1, p. 42.

[12]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008 , Gender Earning differentials in Australia: A statistical overview of women’s earnings, unpublished p. 21, citing Reserve Bank of Australia, Australian Economic Statistics 1949-50 to 1996-97 Occasional Paper No. 8, Table 4.18 and Table 4.20 <http://www.rba.gov.au/Statistics/op8_index.html>, ABS 6302.0 Table 2, Average Weekly Earnings, Australia (Dollars) Seasonally adjusted. Figure 2.3 shows overlapping series as no single series is available.

[13]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 17.

[14]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 15.

[15]     National Council of Women of Australia Inc Ltd, Submission No. 37, p. 3.

[16]     Ms Barbara Jennings, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 77.

[17]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 11.

[18]     Associate Professor Siobhan Austen, Submission No. 126, pp. 9-10.

[19]     New South Wales Office for Women’s Policy, Submission No. 153, p. 10 citing Baron J and Cobb-Clark D, Occupational Segregation and the Gender Wage Gap in Private- and Public-Sector Employment: A Distributional Analysis, Institute for the Study of Labour, Discussion Paper number 3562, June 2008.

[20]     National Council of Women of Australia Inc Ltd, Submission No. 37, p. 5.

[21]     National Council of Women of Australia Inc Ltd, Submission No. 37, p. 5 citing EOWA, 2008, Gender Income Distribution of Top Earners in ASX200 Companies Report – 2006 EOWA census of women in leadership, 24 January 2008.

[22]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 47.

[23]     Australian Institute of Management NSW and ACT, Submission No. 51, p. 6.

[24]     Mr Michael Gerrity, Assistant Director, Australian Bureau of Statistics, Transcript of Evidence, 13 November 2009, p. 4.

[25]     Group Training Australia, Submission No. 45, pp. 10 - 11.

[26]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 21.

[27]     Dr Jennifer Alexander, Chief Executive Officer, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, p. 2.

[28]     Dr Jennifer Alexander, Chief Executive Officer, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, pp. 2-3, 5.

[29]     Dr Jennifer Alexander, Chief Executive Officer, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, p. 3.

[30]     Work and Family Policy Roundtable, Submission No. 143, p. 6.

[31]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 1.

[32]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 5.

[33]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 7.

[34]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 8.

[35]     Women in National Parliaments: World and Regional Averages as at 30 September 2009 at http://www.ipu.org/wmn-e/world.htm accessed on 13 November 2009.

[36]     International Parliamentary Union Annual Report, figure given as at 1 January 2008.

[37]     Federal jurist diction has a House of Representatives and a Senate; ACT has a Legislative Assembly; NT and QLD have Legislative Councils; and NSW, SA, TAS, VIC, WA have both a Legislative Assembly and a Legislative Council.

[38]     Work and Family Policy Roundtable, Submission No. 143, p. 6.

[39]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 67.

[40]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, pp. 1-2; Australian Public Service Commission, Submission No. 102, p. 2. At the APS4 level there was no difference in length of service between males and females.

[41]     Australian Public Service Commission, Submission No. 102, pp. 3-4.

[42]     Mr Mark Burgess, Chief Executive Officer, Police Federation of Australia, Transcript of Evidence, 23 October 2008, p. 2.

[43]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 12.

[44]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 2; Australian Public Service Commission, Supplementary Submission 102.1, p. 8.

[45]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian Public Service Commission, Transcript of Evidence, 16 October 2008, pp. 5, 15; Australian Public Service Commission, Submission No. 102, pp. 8-9.

[46]     Australian Local Government Training, Women in Local Government An overview of current literature identifying the role and participation of women in Local Government, October 2007,     pp. 1-12; Local Government Association of NSW, Submission No. 57, pp. 1-2; Kiama Municipal Council, Submission No. 66, pp. 1-2; Mr Robert Wallace, Human Resources Manager, Local Government Association of South Australia, Transcript of Evidence, 6 November 2009, p. 50; Port Stephens Council, Submission No. 48, p. 1.

[47]     Australian Local Government Training, Women in Local Government An overview of current literature identifying the role and participation of women in Local Government, October 2007, p. 3.

[48]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 5.

[49]     Australian Local Government Training, Women in Local Government An overview of current literature identifying the role and participation of women in Local Government, October 2007,  p. 6.

[50]     Australian Local Government Training, Women in Local Government An overview of current literature identifying the role and participation of women in Local Government, October 2007,  p. 8.

[51]     Mr Howard Oorloff, Manager, Organisation Development Department, City of Greater Geelong, Transcript of Evidence, 24 October 2008, p. 13.

[52]     Mr Tony Goode, Director, Workforce and Organisational Services, Local Government Association of Queensland, Transcript of Evidence, 31 March 2009, p. 37.

[53]     Ms Pauline Bennett, Manager, Organisation Development City of Whitehorse, Transcript of Evidence, 24 October 2008, p. 7.

[54]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 3.

[55]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 4

[56]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 5.

[57]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 1.

[58]     Ms Jo Justo, National Industrial Officer, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 63.

[59]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 6.

[60]     Australian Local Government Training, Women in Local Government An overview of current literature identifying the role and participation of women in Local Government, October 2007,     pp. 4-5.

[61]     Victorian Women’s Trust, Submission No. 123, p. 1.

[62]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 49.

[63]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 50.

[64]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 53.

[65]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 19.

[66]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 23.

[67]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 22.

[68]     Work and Family Policy Roundtable, Submission No. 143, p. 7 citing Preston A  and Jefferson T, 2007, ‘Trends in Australia’s Gender Wage Ratio’, Journal of Labour and Industry 18(2): 69-84.

[69]     Australian Bureau of Statistics, 2008, Labour Force Australia, Cat No. 6291.0.055.001. ABS, Canberra.

[70]     Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, Released 19 March 2009, Chapter 3, p. 2.

[71]     Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, Released 19 March 2009, Chapter 3, pp. 2-3.

[72]     Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, Released19 March 2009, Chapter 3 pp. 4-5 citing Australian Bureau of Statistics, Labour force Characteristic of Aboriginal and Torres Strait Islander Australians 2007,  Cat No. 6287.0, ABS, Canberra, Table 2.

[73]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 23.

[74]     BPW Australia, Submission No. 117, p. 4.

[75]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, pp. 5, 10.

[76]     Ms Debra King, Mapping the Life-Course Experiences of SA Men and Women in the Labour Market, Workforce Development Consortium, National Institute of Labour Studies, Flinders University, May 2007,  pp. 19, 26.

[77]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 5.

[78]     Ms Somali Cerise, Senior Policy and Research Officer, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 13.

[79]     World Economic Forum, 2009, The Global Gender Gap Report, p. 63.

[80]     Associate Professor Siobhan Austen, Submission No. 126, pp. 2-3.

[81]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 15.

[82]     New South Wales Office for Women’s Policy, Submission No. 153, p. 13 citing World Economic Forum, 2008, The Global Gender Gap Report, p. 38.

[83]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, pp. 6-7.

[84]     Australian Education Union, Submission No. 76, p. 7.

[85]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, pp. 13-14.

[86]     Dr Thomas Karmel, Managing Director, National Centre for Vocational Education Research, Transcript of Evidence, 6 November 2009, p. 23.

[87]     Dr Thomas Karmel, Managing Director, National Centre for Vocational Education Research, Transcript of Evidence, 6 November 2009, p. 24.

[88]     Ms Geraldine Kearney, Federal Secretary, Australian Nursing Federation, Transcript of Evidence, 24 October 2008, p. 25.

[89]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 16.

[90]     Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, Released 19 March 2009, Chapter 3, p. 4 citing Australian Bureau of Statistics, 2006, Census of Population and Housing.

 

[91]     Ms Noor Blumer, Chair, Equalising Opportunities in the Law Committee, Law Council of Australia, Transcript of Evidence, 18 June 2009, p. 2.

[92]     Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, 19 March 2009, Chapter 2, p. 8 citing Graduate Careers Australia, 2008, Gradstats, No. 13.

[93]     South Australian Government, Submission No. 124, p. 5 citing GradStats Number 12, December 2007, <http://www.graduatecareers.com.au/content/download/3464/14502/file/ %20GradStats%202007.pdf>, p.1. 

[94]     Association of Professional Engineers, Scientists and Managers, Submission No. 121, p. 3.

[95]     Association of Professional Engineers, Scientists and Managers, Submission No. 121, pp. 3-4.

[96]     Mr Mark Roddam, Assistant Secretary, Department of Education, Employment and Workplace Relations, Transcript of Evidence, 18 September 2008, p. 14.

[97]     Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 3.

[98]     Ms Noor Blumer, Chair, Equalising Opportunities in the Law Committee, Law Council of Australia, Transcript of Evidence, 18 June 2009, p. 2.

[99]     Ms Noor Blumer, Chair, Equalising Opportunities in the Law Committee, Law Council of Australia, Transcript of Evidence, 18 June 2009, p. 4.

[100]   The Victorian Bar, Submission No. 141, pp. 11, 13.

[101]   Law Council of Australia, Submission No. 144, p. 6 citing Australian Broadcasting Corporation Radio National Women in Corporate Law Firms Law Report, 3 June 2008 transcript from http://www.abc.net.au/m/lawreport/stories/2008/2262012.htm.

[102]   Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, 19 March 2009, Chapter 2, p. 9 citing Australian Bureau of Statistics, Average Weekly Earnings, August 2008, Cat No. 6302.0, Canberra, 2008, Table 2.

[103]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 22 citing The Influence of PhD Experience on Women’s Academic Careers, June 2008 Associate Professor Maryanne Dever, Associate Professor Warren Laffan et al, University of Queensland.

[104]   Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, 19 March 2009, Chapter 2, p. 10.

[105]   Office for Women, 2009, Women in Australia 2009, Department of Families, Housing and Community Services and Indigenous Affairs, 19 March 2009, Chapter 2, p. 11; see also Group Training Australia, Submission No. 45, p. 9.

[106]   Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 16; Associate Professor Siobhan Austen, Submission No. 126, p. 8.

[107]   Associate Professor Siobhan Austen, Submission No. 126, p. 8.

[108]   Associate Professor Siobhan Austen, Submission No. 126, p. 9.

[109]   Victorian Women’s Trust, Submission No. 123, pp. 2-3.

[110]   Group Training Australia, Submission No. 45, pp. 9-10.

[111]   Group Training Australia, Submission No. 45, p. 9.

[112]   Group Training Australia, Submission No. 45, p. 10.

[113]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 7.

[114]   Women With Disabilities Australia, Submission No. 44, p. 8.

[115]   Women With Disabilities Australia, Submission No. 44, p. 8.

[116]   Women With Disabilities Australia, Submission No. 44, p. 16.

[117]   Women With Disabilities Australia, Submission No. 44, p. 16.

[118]   Ms Susan Salthouse, Vice-President, Women With Disabilities Australia, Transcript of Evidence, 4 June 2009, p. 2.

[119]   Ms Susan Salthouse, Vice-President, Women With Disabilities Australia, Transcript of Evidence, 4 June 2009, p. 4.

[120]   Ms Monika Sarder, Manager, Policy and Advocacy, Australasian Institute of Mining and Metallurgy, Transcript of Evidence, 2 April 2009, p. 59.

[121]   Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 2.

[122]   Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 25.

[123]   Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, pp. 26-27.

[124]   National Council of Women of Australia Inc Ltd, Submission No. 37, p. 4 citing May R, Campbell I and Burgess J, 2005, ‘The rise and rise of casual work in Australia: Who benefits, who lose?’ Paper presented to seminar on the IR Changes Report Card, University of Sydney, 20 June 2005.

[125]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 7 citing Baron J D and Cobb-Clark, DA, 2008, Occupational Segregation and the Gender Wage Gap in Private- and Public-Sector Employment: A Distributional Analysis. Discussion Paper No. 3562. Institute for the Study of Labor, Bonn, Germany pp. 1, 10; and Grimshaw D & Rubery J, 2007. Undervaluing women’s work. Working Paper Series No. 53, European Work and Employment Research Centre, University of Manchester , Manchester: Equal Opportunities Commission, p. viii.

[126]   Ms Barbara Jennings, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 78. Gender segregation in the workforce refers to the uneven distribution of women and men, and the concentration of women in certain industries and occupations.

[127]   New South Wales Office for Women’s Policy, Submission No. 153, p. 14.

[128]   Ms Sally Moyle, Branch Manager, Office of Women, Department of Families, Housing, Community Services and Indigenous Affairs, Transcript of Evidence, 25 September 2008, p. 3.

[129]   Work and Family Policy Roundtable, Submission No. 143, p. 7.

[130]   Australian Council of Trade Unions and Joint State Union Peak Councils, Submission No. 125, p. 5. See also Pocock B and Alexander M (1999). ‘The Price of Feminised Jobs: New Evidence on the Gender Pay Gap in Australia’, Labour and Industry, 10(2), pp. 75-100.

[131]   Australian Education Union, Submission No. 76, p. 7.

[132]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 8.

[133]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 15.

[134]   Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 5.

[135]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 16.

[136]   Australian Chamber of Commerce and Industry, Submission No. 84, p. 14.

[137]   A recent inquiry into financial services in the United Kingdom also found that the largest pay gap was in this industry. Equality and Human Rights Commission, Financial Services Inquiry, September 2009, p. 108.

[138]   Mr Matthew Drinan, Manager, Research and HR Consulting, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, p. 11.

[139]   Ms Barbara Jennings, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 78.

[140]   Australian Institute of Management NSW and ACT, Submission No. 51, p. 3.

[141]   Australian Institute of Management NSW and ACT, Submission No. 51, p. 5.

[142]   Australian Institute of Management NSW and ACT, Submission No. 51, p. 3.

[143]   Ms Sally Moyle, Moyle, Group Manager, Office of Women, Department of Families, Housing, Community Services and Indigenous Affairs, Transcript of Evidence, 20 August 2009, p. 7.

[144]   Diversity Council Australia, Submission No. 110, p. 8 citing EOWA web-site. Available at: http://www.eowa.gov.au/About_Equal_Opportunity/Key_Agenda_Items/Inequities_in_Workforce_Participation.asp

[145]   Work and Family Policy Roundtable, Submission No. 143, p. 7.

[146]   There is a low proportion of females in the relatively lower paid machinery operator/driver and labourer occupations. As such, the gender pay gap for all occupations is lower than it would be if males and females were evenly distributed among the occupations.

[147]   Department of Education, Employment and Workplace Relations, Submission No. 58, p. 8.

[148]   Australian Institute of Management NSW and ACT, Submission No. 51, p. 5.

[149]   Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender Earning differentials in Australia: A statistical overview of women’s earnings, unpublished p. 14.

[150]   The size of the bubbles represents the number of women employed in the industry sector. Source ABS 6302.0 Tables 10A, 10D, Average weekly earnings, Industry, Australia (Dollars) Original Males, Females, Full-time Adult Ordinary Time Earnings, ABS 6291.0.55.003 E05_Aug 94, Employed Persons by Sex, Industry, Age, Status in Employment.

[151]   Queensland Government, 2006, Progressing Pay Equity – An Inquiry Submission to the Queensland Industrial Relations Commission, p. 19 cited in Australian Education Union, Submission No. 76, p. 22.

[152]   Whelan D, 2005, Advancing Pay equity – their future depends on it. Report by the Victorian Pay Equity Working Party to the Minister for Industrial Relations, February 2005, p. 4 cited in Australian Education Union, Submission No. 76, p. 22.

[153]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 5.

[154]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 5.

[155]   Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 11 citing Equal Employment Opportunity for Women in the Workplace, Occupational Segregation, James Cook University, http://www.jcu.edu.au/eo/women/JCUDEV_012168.html.

[156]   Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 11 citing Department of Commerce, Office of Industrial Relations, NSW, Work and Family. http://www.workandfamily.nsw.gov.au/payequity/gap.html

[157]   New South Wales Office for Women’s Policy, Submission No. 153, p. 15 citing Industrial Relations Commission of NSW, Pay Equity Inquiry, Report to the Minister (Matter No. IRC6320 of 1997), Volume 2, p. 267.

[158]   Association of Professional Engineers, Scientist, Managers, Australia, Submission No. 121, p. 11.

[159]   New South Wales Office for Women’s Policy, Submission No. 153, p. 15.

[160]   New South Wales Office for Women’s Policy, Submission No. 153, p. 15.

[161]   New South Wales Office for Women’s Policy, Submission No. 153, p. 15 citing Industrial Relations Commission of NSW, Pay Equity Inquiry, Report to the Minister (Matter No. IRC6320 of 1997), Volume 2, p. 267.

[162]   National Council of Women of Australia Inc Ltd, Submission No. 37, p. 5 citing Roth L, 2006, Selling Women Short – Gender and money on Wall Street, Princeton University Press.

[163]   Dr Anne Junor, Transcript of Evidence, 26 September 2008, p. 63.

[164]   Dr Anne Junor, Transcript of Evidence, 26 September 2008, p. 64.

[165]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 10.

[166]   New South Wales Office of Women’s Policy; Submission No. 153, p. 5.

[167]   Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 34.

[168]   Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 34.

[169]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 24.

Chapter 3 International perspective

[1]       Commission of the European Communities (2007) Communication from the Commission: Tackling the Pay Gap between Women and Men, Brussels 18 July 2007, p. 16.

[2]       Weichselbaumer D and R Winter-Ebmer, 2007, ‘The effects of competition and equal treatment laws on gender wage differentials’, Economic Policy 22(4): p. 238. International Trade Union Confederation, The Global Gender Pay Gap, September 2007, pp. 50-51. The ITUC, however, cautioned that there is a lack of internationally comparable earnings data and cautioned that international comparisons use data from countries that use different measures to calculate the gap. Differences can result from the use of hourly, weekly, monthly or annual remuneration rates; sample size or occupation classifications.

[3]       International Trade Union Confederation, The Global Gender Pay Gap, September 2007, p. 49 citing Chicha M T (2006) A comparative analysis of promoting Pay Equity: Models and Impacts, p. 5.

[4]       International Labour Organization, at <http://www.ilo.org/gender/Events/Campaign2008-2009/lang--en/index.htm>.

[5]       World Economic Forum, 2009, The Global Gender Gap Report, p. 63; World Economic Forum, 2008, The Global Gender Gap Report, p. 43.

[6]       World Economic Forum, 2009, The Global Gender Gap Report, p. 63; World Economic Forum, 2008, The Global Gender Gap Report, p. 43; World Economic Forum, 2007, The Global Gender Gap Report, p. 38.

[7]       World Economic Forum, 2009, The Global Gender Gap Report, p. 63; World Economic Forum, 2008, The Global Gender Gap Report, p. 43; World Economic Forum, 2007, The Global Gender Gap Report, p. 38.

[8]       World Economic Forum, 2009, The Global Gender Gap Report, p. 63; World Economic Forum, 2008, The Global Gender Gap Report, p. 43; World Economic Forum, 2007, The Global Gender Gap Report, p. 38.

[9]       New South Wales Office for Women’s Policy, Submission No. 153, pp. 12-13 citing Australian Bureau of Statistics, Labour Force cat. No. 6202.0.55.001, Time Series December 1986-2008; Productivity Commission Annual Report 2006-2007, Annual Report Series, Canberra 2007, p. 7; Abhayatna J, Andrews L, Nuch H and T Podbury, 2008, Part time Employment: the Australian Experience, Productivity Commission Staff Working Paper, pp. 79-80.

[10]     OECD Employment Outlook Paris 2002, p. 95. Belgium has a six per cent wage gap and Australia is second.

[11]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 4. The OECD defines discrimination in the labour market as a situation in which persons who provide labour market services and who are equally productive are treated unequally because of their gender.

[12]     Unweighted average based on the latest data for OECD countries over the period 1997-2006.

[13]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 4.

[14]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender Earning differentials in Australia: A statistical overview of women’s earnings, Presentation to the Australian Bureau of Statistics Pay Equity Forum, September 2008, unpublished, p. 10. Gender gap in median earnings of full time employees, 2004 or latest year available. Sources OECD Women and men in OECD countries 2007, Employment and Labour Market Statistics, Table 38181941.xls.

[15]     Gender gap in median earnings of fulltime employees, 2004 or latest data available. Source OECD Women and men in OECD countries 2007, Employment and Labour Market Statistics, Table 38181941.xls

[16]     World Economic Forum, 2009, The Global Gender Gap Report, p. 63; World Economic Forum, 2008, The Global Gender Gap Report, p. 43; World Economic Forum, 2007, The Global Gender Gap Report, p. 38.

[17]     Ms Meg Smith, Transcript of Evidence, 26 September 2008, p. 51.

[18]     Close the Gap The Project, http://www.closethegap.org.uk/project.asp?h=History accessed 8 October 2009.

[19]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 1.

[20]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 3.

[21]     A further relevant law is the Equality Act 2006, Para. 3.23.

[22]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 28.

[23]     Ms Emma Ritch, Submission No. 149, pp. 1-2.

[24]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 28.

[25]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 28; Equal Opportunities Commission 2003, Code of Practice on Equal Pay, London.

[26]     Department of Education, Employment and Workplace Relations, Submission No. 58, pp. 28-29; Chicha, M-T 2006, A comparative analysis of promoting pay equity: models and impacts, International Labour Office, Geneva.

[27]     Ms Emma Ritch, Submission No. 149, p. 2.

[28]     Ms Emma Ritch, Submission No. 149, p. 2.

[29]     Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 1.

[30]     Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 2.

[31]     New Zealand Department of Labour, Submission No. 148, p. 1

[32]     Dr Anne Juror, Transcript of Evidence, 26 September 2008, p. 58.

[33]     New Zealand Department of Labour, Submission No. 148, p. 2.

[34]     Australian Education Union, Submission No. 76, p. 18 citing Fisher G, 2007, Pay Equity – Time to Act Report into Pay Equity and the Impact of WorkChoices, Queensland Industrial Relations Commission, p. 91.

[35]     Ms Susan Kenna, National Industrial Officer, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 28.

[36]     New Zealand Department of Labour, Submission No. 148, p. 2.

[37]     Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 3.

[38]     New Zealand Department of Labour, Submission No. 148, p. 6.

[39]     New Zealand Department of Labour, Submission No. 148, p. 6.

[40]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 29.

[41]     ACT Council of Social Services, Submission No. 54, p. 6.

[42]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 29.

[43]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 29; Department of Justice Canada 2004, Pay Equity Review Backgrounder, Ontario. Accessed at http://www.justice.gc.ca/eng/payeq-eqsal/6026.html

 

[45]     Canada Pay Equity Task Force, Exhibit No. 81, p.70.

[46]     Queensland Industrial Relations Commission, Pay Equity – A Time to Act, 2007, Queensland, p.82. For example see Australian Education Union, Submission No. 76, p. 17.

[47]     Pay Equity Task Force, Pay Equity: A New Approach to a Fundamental Right, 2004, Ottawa, p.70.

[48]     Dr Cassandra Goldie, Director, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 17.

[49]     Queensland Industrial Relations Commission, Pay Equity – A Time to Act, 2007, Queensland, p.94.

[50]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 9.

[51]     Commissioner Susan Booth, Anti-Discrimination Commission of Queensland, Transcript of Evidence, 31 March 2009, p. 74.

[52]     Queensland Industrial Relations Commission, Pay Equity – Time to Act, 2007, Queensland, p. 93.

[53]     Queensland Industrial Relations Commission, Pay Equity – Time to Act, 2007, Queensland, p. 93.

[54]     S.3(a) Fair Work Act 2009  The Explanatory Memorandum states that these obligations, include, those under the following instruments: International Covenant on Economic, Social and Cultural Rights (16 December 1966) [1976] ATS 5; Convention on the Elimination of All Forms of Discrimination against Women (18 December 1979) [1983] ATS 9; ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (29 June 1951) [1975] ATS 45; ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation (25 June 1958) [1974] ATS 12; ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities (23 June 1981) [1991] ATS 7; ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer (22 June 1982) [1994] ATS 4; and ILO Recommendation (No. 166) concerning Termination of Employment at the Initiative of the Employer (22 June 1982).

[55]     For example, s.3 Human Rights Act 1998 (UK); s.30 Human Rights Act 2004 (ACT), which gives effect in domestic law to the European Convention on Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights respectively. Unless there is a clear intention or necessary implication that the law is to be applied notwithstanding inconsistency, then it should be interpreted and applied in a way that give effect to the right.

[56]     ILO Resolution Concerning the Promotion of Gender Equality, Pay Equity and Maternity Protection, para 3, (92^nd Session, June 2004).

[57]     CEDAW, General Recommendation No. 13 (eighth session, 1989), para 2 and 3.

[58]     Committee on the Elimination of Discrimination against Women, 2006, Concluding comments of the Committee on the Elimination of Discrimination against Women, United Nations Convention on the Elimination of All Forms of Discrimination, p. 2.

[59]     Committee on the Elimination of Discrimination against Women, 2006, Concluding comments of the Committee on the Elimination of Discrimination against Women, United Nations Convention on the Elimination of All Forms of Discrimination, p. 3; See also Federation of Ethnic Communities’ Councils of Australia, Submission No. 50, p. 3.

[60]     Australia’s combined sixth and seventh report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, 2003-2008, paras 9.51 – 9.59.

[61]     Committee on the Elimination of Discrimination against Women, 2006, Concluding comments if the Committee on the Elimination of Discrimination against Women, United Nations Convention on the Elimination of All Forms of Discrimination, p. 2.

[62]     Committee on the Elimination of Discrimination against Women, 2006, Concluding comments if the Committee on the Elimination of Discrimination against Women, United Nations Convention on the Elimination of All Forms of Discrimination, pp. 2-3.

[63]     Federation of Ethnic Communities’ Councils of Australia, Submission No. 50, p. 2.

[64]     Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 17.

[65]     Group Training Australia Ltd, Submission No. 45, p. 4.

[66]     Group Training Australia Ltd, Submission No. 45, p. 4.

[67]     Group Training Australia Ltd, Submission No. 45, p. 4.

[68]     Group Training Australia Ltd, Submission No. 45, p. 4.

[69]     Group Training Australia Ltd, Submission No. 45, p. 5.

[70]     Women With Disabilities Australia, Submission No. 44, p. 16.

[71]     Work and Family Policy Roundtable, Submission No. 143, p. 11.

[72]     Women With Disabilities Australia, Submission No. 44, Appendix 1, p. 22.

[73]     Women With Disabilities Australia, Submission No. 44, p. 10.

[74]     Women With Disabilities Australia, Submission No. 44, p. 6.

[75]     Under section 51(xxxvii) of the Constitution, the Commonwealth can make laws with respect to ‘matters referred to the Parliament of the Commonwealth’ by any state.

[76]     The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union made the point that councils are not constitutional corporations and therefore not captured by the federal industrial relations legislation in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Submission No. 140, p. 2. Further on 13 November 2008 the NSW Government passed the Local Government Amendment (Legal Status) Bill decorporatising NSW Councils.

[77]     Equal Pay Test Case 1969 (1969) 127CAR1142.

[78]     National Wage and Equal Pay Case 1972 147CAR172; Department of Education, Employment and Workplace Relations, Supplementary Submission 58.3 p. 7.

[79]     Explanatory Memorandum, Workplace Relations Amendment Act 1996 (Work Choices) Bill 2005, p. 303, as cited ARHC Submission 108, p. 16; ARHC argues that the terms ‘employer’ and ‘employee’ and ‘employment’ were given their ordinary means because the Division has ‘universal application to employees in Australia, regardless of the identity or corporate status of their employer’.

[80]     S. 301 Fair Work Act 2009.

Chapter 4 Wages setting approaches

[1]       Group Training Australia Ltd, Submission No. 45, p. 5 citing Justice Mary Gaudron.

[2]       Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 5.

[3]       Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 35.

[4]       Victorian Government, Submission No. 136, p. 26.

[5]       Victorian Government, Submission No. 136, p. 22.

[6]       Diversity Council Australia, Submission No. 110, p. 9.

[7]       Women’s Health Victoria, Submission No. 80, p. 2 citing Business Victoria (2006) Causes of Gender Pay Gap. Government of Victoria. Available at: http://www.business.vic.gov.au/ BUSVIC/STANDARD/PC_61632.html, Accessed 4 August 2008.

[8]       New South Wales Office for Women’s Policy, Submission No. 153, p. 14. See also Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 29.

[9]       Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Submission No. 138, p. 3.

[10]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 31.

[11]     Shire of York, Submission No.7, p. 2.

[12]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 32.

[13]     New South Wales Office for Women’s Policy, Submission No. 153, p. 18.

[14]     Preston A (2007) Trends in the Gender Pay Gap, Paper presented to the Fair Pay, Equal Pay – What are the prospects for West Australian Women?, 2 March 2007, Women in Social and Economic Research, Curtin University of Technology. p. 18.

[15]     Australian Council of Trade Unions and Joint State Union Peak Councils, Submission No. 125, p. 6.

[16]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender Earnings differentials in Australia: A statistical overview of women’s earnings, unpublished, p. 17.

[17]     Preston A (2007) Trends in the Gender Pay Gap, Paper presented to the Fair Pay, Equal Pay – What are the prospects for West Australian Women?, 2 March 2007, Women in Social and Economic Research, Curtin University of Technology, p. 23.

[18]     Ms Erin Wood, Director, Professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 53.

[19]     Ms Maidie Brockman, Member, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 4.

[20]     Working Women’s Centres, Submission No. 119, p. 4.

[21]     Centre for Work + Life, Submission No. 137, p. 1.

[22]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 86.

[23]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 88.

[24]     Ms Samira Douglas, Chief Executive Officer, WIRE Women’s Information Centre, Transcript of Evidence, 2 April 2009, p. 90.

[25]     Dr Jennifer Alexander, Chief Executive Officer, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, p. 3.

[26]     ACT Council of Social Services, Submission No. 54, p. 5.

[27]     Epping Club, Submission No. 12, p. 1.

[28]     Tasmanian Chamber of Commerce and Industry, Submission No. 87, pp. 2-3.

[29]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 8.

[30]     Women Into Politics Inc, Submission No. 49, p. 2.

[31]     Diversity Council Australia, Submission No. 110, p. 10.

[32]     Ms Erin Wood, Director, professional Services and National Women’s Coordinator, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 53; Ms Monika Sarder, Manager, Policy and Advocacy, Australasian Institute of Mining and Metallurgy, Transcript of Evidence, 2 April 2009, p. 60.

[33]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 13.

[34]     Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 45.

[35]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 9.

[36]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 9.

[37]     Crown Melbourne Limited, Submission No. 34, p. 2.

[38]     Women Into Politics Inc, Submission No. 49, p. 5.

[39]     Tasmanian Chamber of Commerce and Industry, Submission No. 87, p. 3.

[40]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 2.

[41]     Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 31.

[42]     Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 33.

[43]     Mr Nicolas Blake, Federal Industrial Officer, Australian Nursing Federation, Transcript of Evidence, 24 October 2008, p. 31.

[44]     Mr Darren Matthewson, Chief Executive Officer, Aged and Community Services Tasmania, Transcript of Evidence, 25 June 2009, p. 2.

[45]     Mr Darren Matthewson, Chief Executive Officer, Aged and Community Services Tasmania, Transcript of Evidence, 25 June 2009, p. 9.

[46]     Work and Family Policy Roundtable, Submission No. 143, p. 15.

[47]     Miss Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 32.

[48]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 1.

[49]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 1.

[50]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 16.

[51]     Ms Meg Smith, Transcript of Evidence, 26 September 2008, p. 49.

[52]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 10. The very small proportion of employees on state registered agreements means that this figure may be unreliable.

[53]     Diversity Council Australia, Submission No. 110, p. 10 citing Business Victoria, 2007, Putting pay equity into place: Understanding pay equity. Melbourne.

[54]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, pp. 29-30. Citing the research of Dr Christine Short, 2001, 2002, cited in Dr Trish Todd and Dr Joan Eveline, 2004, Report on the review of the Gender Pay Gap in Western Australia, p. 46.

[55]     New South Wales Office for Women’s Policy, Submission No. 153, p. 16.

[56]     New South Wales Office for Women’s Policy, Submission No. 153, p. 16.

[57]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 4.

[58]     Dr Christine Short, Submission No. 128, p. 2.

[59]     New South Wales Office for Women’s Policy, Submission No. 153, p. 16.

[60]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 3.

[61]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 3.

[62]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 4.

[63]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 35.

[64]     Ritchies Stores Pty Ltd, Submission No. 78, pp. 1-2.

[65]     New South Wales Office for Women’s Policy, Submission No. 153, pp. 18-19 citing Whitehouse G and Frino B, ‘Women, Wages and Industrial Agreements’, Australian Journal of Labour Economics, 6 (4) 2003, pp. 579-596. 63; Evesson J, Buchanan J, Bamberry L, Frino B and Oliver D, Lowering the standards: From Awards to Work Choices in Retail and Hospitality Collective Agreements, Prepared for the Queensland, NSW and Victorian Governments, September 2007 – less than one in six of the collective agreements studied in these industries with high female employment addressed child care and work and family balance issues p viii; NSW Pay Equity Inquiry Report op cit, Volume 1 p.154 where the contention that decentralised wages systems better redress the gender wage gap is rejected.

[66]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 5. See also Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 14.

[67]     New South Wales Office for Women’s Policy, Submission No. 153, p. 19 citing Marian Baird, Rae Cooper and Damien Oliver, Down and Out with Work Choices: The Impact of Work Choices on Women in Low Paid Employment, Report to the NSW Office of Industrial Relations, June 2007 Whitehouse and Frino, op cit; Kristin Van Barneveld ‘What’s in Australian Workplace Agreements in the Hospitality Industry? A Content Analysis’, Journal of Hospitality and Tourism Management, 13(2), August 2006, pp.199-215.

[68]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 32.

[69]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 12.

[70]     Tasmanian Chamber of Commerce and Industry, Submission No. 87, p. 3.

[71]     ACT Council of Social Services, Submission No. 54, p. 5 with reference to a survey conducted by the Office of Employment Advocate.

[72]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 20.

[73]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 7.

[74]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 16.

[75]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 5.

[76]     Ms Yvonne Henderson, Commissioner for Equal Opportunity, Western Australia, Transcript of Evidence, 5 November 2008, p. 80.

[77]     Australian Public Service Commission, Submission No. 102, p. 2.

[78]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 5.

[79]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 19.

[80]     Mr Russel Bancroft, Officer, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 10.

[81]     Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 31.

[82]     Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 31.

[83]     Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 31.

[84]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 19.

[85]     Queensland Government, Submission No. 135, p. 14.

[86]     Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 30.

[87]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 1.

[88]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 2.

[89]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 66.

[90]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 69.

[91]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 71.

[92]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 77.

[93]     Community and Public Sector Union, Submission No. 13, p. 1.

[94]     Mr Michael Gerrity, Assistant Director, Australian Bureau of Statistics, Transcript of Evidence, 13 November 2009, p. 14; Australian Bureau of Statistics, Employee earnings and hours, August 2008, cat no. 6306.0, p. 15.

[95]     Department of Education, Employment and Workplace Relations, Supplementary Submission No. 58.3, p. 15; ABS Employee Earnings and Hours (Cat. No. 6306.0) May 2006, unpublished data.

[96]     Dr Christine Short, Submission No. 128, p. 2.

[97]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 7.

[98]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 6.

[99]     Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 28.

[100]   Australian Nursing Federation, Submission No 97, p. 2.

[101]   Mr Steven Ross, Queensland Nurses Union, Transcript of Evidence, 31 March 2009, p. 51.

[102]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 31.

[103]   Ms Samantha Bond, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 75.

[104]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 31.

[105]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 30 citing URCOT, 2005, Pay Equity: How to Address the Gender Pay Gap – A Report for Industrial Relations Victoria, p. 7; Todd & Eveline Review, 2004, p. 47; and Queensland Industrial Relations Commission, 2007, Pay Equity: Time to Act, p. 18 citing Crockett and Preston, 1999, report to WA Government.

[106]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 13.

[107]   Finance Sector Union of Australia, Submission No. 122, p. 3.

[108]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 4.

[109]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 4.

[110]   Ms Jeane Wells, Submission No. 116, p. 3 citing Watson 2005 p. 1.

Chapter 5 Industrial relations legislative reforms

[1]       See Department of Education, Employment and Workplace Relations, Submission 58 and Supplementary Submission 58.4.

[2]       See, for example, Luxembourg and France, where gender pay bargaining is obligatory and must be identified in the collective agreement; Gender Mainstreaming of Employment Policies: A comparative review of thirty European Countries, Director-general of Employment, Social Affairs and Equal Opportunities, European Commission 2008 pp. 50-55.

[3]       Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 3.

[4]       Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 2.

[5]       Commissioner Susan Booth, Anti-Discrimination Commission Queensland, Transcript of Evidence, 31 March 2009, p. 73.

[6]       Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[7]       Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 26.

[8]       Mr Steven Ross, Queensland Nurses Union, Transcript of Evidence, 31 March 2009, p. 51.

[9]       In the 1990s greater reliance on the corporations power extended the reach of federal industrial relations laws and in 2006 the High Court in New South Wales v Commonwealth (2006) 219 CLR 1 upheld the Howard Government’s Workplace Relations Act 1996 (the Work Choices Case). O’Neil S, Goodwin M, Neilsen, M, Fair Work Bill 2008, Bills Digest, 30 January 2009, No.81 (2008-2009).

[10]     s.122 Australian Constitution.

[11]     O’Neil S, Goodwin M, Neilsen, M, Fair Work Bill 2008, Bills Digest, 30 January 09, No.81 (2008-2009), p. 19.

[12]     This continues the position under Workplaces Relations Act 1996 (s.16 (1) (c)).

[13]     See, e.g., Federal Court in AWU (Qld) V Etheridge Shire Council [2008] FCA 1268 found that a Queensland council is not and cannot be a constitutional corporation; the NSW Industrial Court in Hardeman v Children’s Medical Research Institute [2007] NSWIRComm 189 (24 September 2007) ruled that that a non-profit organisation, the Children’s Medical Research Institute, is not a trading or financial corporation. O’Neil S, Goodwin M, Neilsen, M, Fair Work Bill 2008, Bills Digest, 30 January 09, No.81, pp. 16-18.

[14]     Whitehouse G and T Rooney, 2007, ‘The Queensland Dental Assistants’ Equal Remuneration Case: Advancing Gender Pay Equity at State Level?’, Labour and Industry 18 (2): 85-104.

[15]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 11.

[16]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 3.

[17]     New South Wales Office for Women’s Policy, Submission No. 153, p. 6.

[18]     S.12 and ss302(2) of the Fair Work Act 2009.

[19]     Explanatory Memorandum, Fair Work Act 2009, p. 189, paragraph 1191.

[20]     Decision [2002] NSWIR Comm 55-28 March 2002, Application under Equal Remuneration Principle.

[21]     Department of Education, Employment and Workplace Relations, Supplementary Submission 58.2, p. 13.

[22]     Articles 1,2, and 3 ILO 100.

[23]     International Labour Organisation Equal Remuneration Convention, 1951, Article 1.

[25]     Note also that the Explanatory Memorandum states that this definition applies ‘for the purpose Part 2-7’ (ie the Equal Remuneration Orders jurisdiction) but the same phrasing is used throughout the legislation.

[26]     Explanatory Memorandum, Fair Work Act 2009, p. 190.

[27]     National Pay Equity Coalition, Submission 118, p. 4.

[28]     The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Supplementary Submission No. 118.1, p. 3.

[29]     The Queensland Council of Unions and Queensland Chamber of Commerce Industry Limited, Industrial Organisation of Employers and Others (Queensland Industrial Relations Commission, Linnane VP, Swan C, Brown C, 29 April 2002, Statement of Policy B450 of 2002) (paras 2, 3).

[30]     National Pay Equity Coalition, Submission 118, p. 13.

[31]     S.19,21,23 of the Industrial Relations Act 1996 (NSW).

[32]     New South Wales Equal Remuneration Principle (C2000 -52) (a)(b)(e); Re Equal Remuneration Principle [2000] NSWIR Comm 113; National Pay Equity Coalition Submission 118, Appendix 1, p. 43.

[33]     IRC NSW Practice Direction No.6: Applications for Consent Awards having regard to s.23 of the Industrial Relations Act 1996 (NSW).

[34]     New South Wales Office of Women’s Policy; Submission No. 153, p. 5.

[35]     New South Wales Office of Women’s Policy; Submission No. 153, p. 6 citing Industrial Relations Commission of New South Wales Re Equal Remuneration Principle15(f), (i), (j), (m) at para 158.

[36]     New South Wales Office of Women’s Policy; Submission No. 153, p. 3.

[37]     See Principles 14 and 6, Annex A Wage Fixing Principles, State Wage Case 2008 [2008] NSWIRComm 122 87.

[38]     Worth Valuing – Report of the Pay Equity Inquiry, Queensland Industrial Relations Commission, March 2001, < http://www.deir.qld.gov.au/pdf/ir/worthvaluinga.pdf>.

[39]     The Statement of Policy was issued under s.288 Industrial Relations Act 1999 on application during proceedings The Queensland Council of Unions and Others and Queensland Chamber of Commerce and Industry Ltd, Industrial Organisation of Employers and Others (No.B450 of 2002).

[40]     Queensland Industrial Relations Commission, September 2007, Pay Equity Time to Act, pp. 39-43.

[41]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, pp. 1-2.

[42]     New South Wales Office of Women’s Policy; Submission No. 153, p. 4.

[43]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 2.

[44]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 2.

[45]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 2.

[46]     QIRC State of Policy under s.288 of the IR Act 1999, Equal Remuneration Principle, 29 April 2002.

[47]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 2.

[48]     ILO Convention 100 Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value [1975] ATS 45.

[49]     Macquarie Dictionary Online Word Genius.

[50]     Ms Jo Justo, National Industrial Officer, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 65.

[51]     Explanatory Memoranda, Fair Work Bill, House of Representatives, p. 189.

[52]     Ms Amanda Richards, Assistant General Secretary, Queensland Council of Unions, Transcript of Evidence, 31 March 2009, p. 13.

[53]     National Pay Equity Coalition, Submission 118, p. 5.

[54]     National Pay Equity Coalition, Submission 118, p. 29.

[56]     Queensland Government, Submission No. 135, p. 17.

[57]     Queensland Government, Submission No. 135, p. 16.

[58]     Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v HPM Industries (1998) 94 IR 129.

[59]     Australian Human Rights Commission, Submission 108, pp. 18-19.

[60]     Australian Human Rights Commission, Submission 108, p. 19.

[61]     Australian Human Rights Commission, Submission 108, p. 19.

[62]     Ms Sandra parker, Group Manager, Workplace Relations Policy Group, Department of Education, Employment and Workplace Relations, Transcript of Evidence, 18 September 2008, p. 2.

[63]     Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v HPM Industries (1998) 94 IR 129

[64]     Australian Human Rights Commission, Submission 108, p. 19.

[65]     Department of Education, Employment and Workplace Relations, Supplementary Submission 58.2, pp. 11-12.

[66]     Explanatory Memoranda, Fair Work Bill, House of Representatives, p. 189.

[67]     The definitions of national system employee and national system employer in these clauses operate together to provide the constitutional support for most parts of the Bill. These parts rely on the Parliament’s power to legislate with respect to foreign corporations and trading or financial corporations (paragraph 51(xx) of the Constitution), the territories (section 122 of the Constitution), interstate and overseas trade and commerce (paragraph 51(i) of the Constitution) and the Commonwealth’s power to regulate its own employment relationships (incidentally to other legislative powers). The links to these heads of power are established by defining national system employer as the following, in their capacities as employers of individuals: a constitutional corporation; the Commonwealth or a Commonwealth authority; a person who employs a flight crew officer, maritime employee or waterside worker in connection with constitutional trade or commerce; a body corporate incorporated in a Territory; or a person who carries on an activity in a Territory and employs a person in connection with the activity. The definition of national system employer includes a constitutional corporation that usually employs an individual and national system employee includes an individual usually employed by a national system employer.

[68]     S. 583 of the Fair Work Act 2009.

[69]     An applicant, having invoked an alternative jurisdiction, may subsequently apply for such an Order if the alternative application failed for want of jurisdiction (lacks power to meet the object of the claim) (ss 724(4)).  

[70]     Queensland Industrial Relations Commission, Pay Equity Time to Act, September 2007, p. 10.

[71]     Brisbane City Council, Submission No. 23, p. 4.

[72]     Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 2.

[73]     Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 2.

[74]     National Pay Equity Coalition, Submission 118, p. 12.

[75]     National Pay Equity Coalition https://senate.aph.gov.au/submissions/committees/ -

[76]     Mr Stephen Ross, Industrial Officer, Queensland Nurses Union, Transcript, 31 March 2009, p. 53.

[77]     Note: As Fair Work Australia is varying modern award minimum wages, the minimum wages objective also applies (see section 284).

[78]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 4.

[79]     The Stage 1 draft awards are: Black Coal Mining Industry Award 2010 ; Clerks — Private Sector Award 2010; Fast Food Industry Award 2010; General Retail Industry Award 2010; Hair and Beauty Industry Award 2010; Higher Education Industry — Academic Staff — Award 2010; Higher Education Industry — General Staff — Award 2010; Horse and Greyhound Training Award 2010; Hospitality Industry (General) Award 2010; Manufacturing and Associated Industries and Occupations Award 2010; Rail Industry Award 2010; Security Services Industry Award 2010; Textile, Clothing, Footwear and Associated Industries Award 2010.

[80]     S576B Workplace Relations Act 1996; Request under Section 576(1) – Award Modernisation Consolidated Version Issue Julia Gillard, Minister for Employment and Workplace Relations, 18 December 2008, paragraph 3 (e)(f)p. 2.

[81]     Ms Amanda Richards, Assistant General Secretary, Queensland Council of Unions, Transcript of Evidence, 31 March 2009, p. 12.

[82]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 5.

[83]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 5.

[84]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 9.

[85]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, pp. 1-2.

[86]     Mr Steven Ross, Industrial Officer, Queensland Nurses Union, Transcript of Evidence, 31 March 2009, p. 50.

[87]     Mr Steven Ross, Industrial Officer, Queensland Nurses Union, Transcript of Evidence, 31 March 2009, p. 50.

[88]     Pharmacy Guild of Australia, Submission No. 127, p. 7.

[89]     Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 2.

[90]     Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 2.

[91]     Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 2.

[92]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 11.

[93]     Ms Julie Bignell, Branch Secretary, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 66.

[94]     Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, pp. 31-32.

[95]     Ms Julie Bignell, Branch Secretary, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 66.

[96]     Commissioner Glenys Fisher, , Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, pp. 3-4.

[97]     Ms Julie Bignell, Branch Secretary, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 67.

[98]     Department of Education, Employment and Workplace Relations, Supplementary Submission No. 58.2, p. 25.

[99]     Australian Council of Trade Unions and Joint State Union Peak Councils, Submission No. 125, p. 24.

[100]   New South Wales Office for Women’s Policy, Submission No. 153, p. 30.

[101]   New South Wales Office for Women’s Policy, Submission No. 153, p. 30.

[102]   Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 6.

[103]   Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 6.

[104]   See Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 87.

[105]   Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 6; see also Association of Professional Engineers, Scientist and Managers, Submission No. 121, p. 9.

[106]   Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 88.

[107]   Brisbane City Council, Submission No. 23, pp. 2-3.

[108]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[109]   See discussion in Brisbane City Council, Submission No. 23, pp. 2-3.

[110]   City of Perth, Submission No. 31, p. 1.

[111]   Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 88.

[112]   Aequus Partners and CCH Australia, 2009, Wake up call: Few employers are ready for the R2R and time is running out, Executive Summery, pp. 1-2; media Release “Right to request flexibility” National Employment Standard survey results, 3 September 2009, p. 1 at <http://www.workplaceflexibility.com.au/press_release_3_september_2009.html>.

[113]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 4.

[114]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 14.

[115]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Supplementary Submission No. 118.3, pp. 1-2.

[116]   Working Women’s Centres, Submission No. 119, p. 4.

[117]   Working Women’s Centres, Submission No. 119, pp. 7-8.

[118]   Australian Catholic Bishops Conference, Submission No. 64, p. 5.

[119]   Australian Catholic Bishops Conference, Submission No. 64, p. 3.

[120]   Australian Catholic Bishops Conference, Submission No. 64, p. 3.

[121]   South Australian Government, Submission No. 124, p. 13.

[122]   New South Wales Office for Women’s Policy, Submission No. 153, p. 28.

[123]   National Pay Equity Coalition and Women’s Electoral Lobby, Supplementary Submission No. 118.3, p. 1.

[124]   Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 27.

[125]   Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 27.

[126]   Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 23.

[127]   Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 7.

[128]   Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 7.

[129]   New South Wales Office for Women’s Policy, Submission No. 153, p. 19.

[130]   Federation of Ethnic Communities’ Councils of Australia, Submission No. 50, pp. 4-5. citing Re Epona (PR931064.6.5.03).

[131]   Mr Peter van Vliet, Director, Federation of Ethnic Communities Councils Australia, Transcript of Evidence, 24 October 2008, p. 18.

[132]   Mr Peter van Vliet, Director, Federation of Ethnic Communities Councils Australia, Transcript of Evidence, 24 October 2008, p. 18.

[133]   Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 16.

[134]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 12.

[135]   Federation of Ethnic Communities Councils of Australia, Submission No. 50, p. 5.

[136]   See Workplace Relations and Other Legislation Amendment Act 1996, Schedule 8, Division 4 - Certifying Agreements, 170LT (7) (Cwlth).

[137]   Federation of Ethnic Communities Councils of Australia, Submission No. 50, p. 5, citing Re Epona (PR931064. 6. 5.03) the AIRC refused to certify an agreement involving a clothing manufacturer because information provided to the largely NESB workforce was inadequate.  

[138]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 9; Mr John Hart, Chief Executive Officer, Restaurant and Catering Australia, Transcript of Evidence, 1 April 2009, p. 50.

[139]   Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 5.

[140]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 8.

[141]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, pp. 5-6 citing OECD Employment Outlook 2008.

[142]   South Australian Government, Submission No. 124, p. 5.

[143]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 2.

[144]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 9.

[145]   Victorian Women’s Trust, Submission No. 123, p. 2.

[146]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 13.

[147]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 17.

[148]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 2.

[149]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 14 and Supplementary Submission No. 109.1, p. 5.

[150]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 7.

[151]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 7.

[152]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 12; See also Annecto the people network, Submission No. 59, p. 1.

[153]   New Zealand Department of Labour, Submission No. 148, p. 12.

[154]   Australian Chamber of Commerce and Industry, Submission No. 84, p. 9.

[155]   Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 63.

[156]   Australian Chamber of Commerce and Industry, Submission No. 84, p. 9.

[157]   Australian Chamber of Commerce and Industry, Submission No. 84, p. 9.

[158]   Ms April Anderson, Delegate, Queensland Branch, LHMU, Transcript of Evidence, 31 March 2009, p. 18.

[159]    Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 33.

[160]   Ms Nikki Boyd, Organiser, Queensland Branch, Liquor, Hospitality and Miscellaneous Union, Transcript of Evidence, 31 March 2009, p. 17.

[161]   Ms Jo Justo, National Industrial Officer, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 64.

[162]   The Australian Institute or Interpreters and Translators Inc, Submission No. 61, p. 4.

[163]   The Australian Institute or Interpreters and Translators Inc, Submission No. 61, p. 10.

[164]   The Australian Institute or Interpreters and Translators Inc, Submission No. 61, pp. 9-10; See also discussion in Ms Sarina Phan, President, Australian Institute of Interpreters and Translators Inc, Transcript of Evidence, 24 October 2008, pp. 45-54.

[165]   Ms Jennifer O’Donnell-Pirisi, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 72.

[166]   Ms Ann Taylor, President, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 76.

[167]   Ms Barbara Jennings, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 76.

[168]   Ms Fran Hayes, Spokesperson, National Pay Equity Coalition, Transcript of Evidence, 14 May 2009, p. 8; Ms Suzanne Hammond, Industrial Relations Spokesperson, Transcript of Evidence, 14 May 2009, p. 9.

[169]   Ms Fran Hayes, Spokesperson, National Pay Equity Coalition, Transcript of Evidence, 14 May 2009, p. 10.

[170]   Independent Education Union of Australia, Submission No. 100, pp. 5-6.

[171]   Ms April Anderson, Delegate, Queensland Branch, Liquor, Hospitality and Miscellaneous Union, Transcript of Evidence, 31 March 2009, pp. 18-19; see also Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 61.

[172]   Australian Education Union, Submission No. 76, p. 8.

[173]   Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 19.

[174]   Aged & Community Services Tasmania, Submission No. 47, p. 1.

[175]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 1.

[176]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 4.

[177]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 9.

[178]   Ms Susan O’Connor, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 9. See also Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 28.

[179]   Aged & Community Services Tasmania, Submission No. 47, p. 1.

[180]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 9.

[181]   Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 32.

[182]   Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 32.

[183]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 7.

[184]   Aged & Community Services Tasmania, Submission No. 47, p. 2.

[185]   Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 15.

[186]   Aged & Community Services Tasmania, Submission No. 47, p. 2

[187]   Aged & Community Services Tasmania, Submission No. 47, p. 2

[188]   Aged & Community Services Tasmania, Submission No. 47, p. 2.

[189]   Centacare and the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, Submission No. 6, p. 2.

[190]   Mr Darren Matthewson, Chief Executive Officer, Aged and Community Services Tasmania, Transcript of Evidence, 25 June 2009, p. 3.

[191]   Ms Simone McGurk, Assistant Secretary, UnionsWA, Transcript of Evidence, 5 November 2008, p. 37.

[192]   Centacare and the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, Submission No. 6, p. 1.

[193]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 25.

[194]   Liquor, Hospitality and Miscellaneous Union, Supplementary Submission No. 138.1, pp. 2-3.

[195]   Australian Industrial Relations Commission cited in Australian Nursing Federation, Submission No 97, p. 11.

[196]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 25.

[197]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 25.

[198]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 26.

[199]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 28.

[200]   Dr Thomas Karmel, Managing Director, National Centre for Vocational Education Research, Transcript of Evidence, 6 November 2009, p. 25.

[201]   Dr Thomas Karmel, Managing Director, National Centre for Vocational Education Research, Transcript of Evidence, 6 November 2009, p. 25.

[202]   City of Whitehorse, Submission No. 89, p. 2.

[203]   City of Whitehorse, Submission No. 89, p. 2.

[204]   City of Whitehorse, Submission No. 89, p. 4.

[205]   Australian Nursing Federation, Submission No 97, p. 2.

[206]   Associate Professor Taksa and Dr Anne Junor, Supplementary Submission No. 109.1, pp. 4-5 citing Richardson S and Martin B, 2004, The Care of Older Australians: A Picture of the Residential Aged Care Workforce, National Institute of Labour Studies, Flinders University, Adelaide; Moskos M and Martin B, 2005, What’s Best, What’s Worst? Direct Carers’ Work in their Own Words, The National Institute of Labour Studies, Flinders University, Adelaide; Healy J and Moskos M, 2005, How Do Aged Care Workers Compare With Other Australian Workers? Adelaide: National Institute of Labour Studies, Flinders University.

[207]   Liquor, Hospitality and Miscellaneous Union, Supplementary Submission No. 138.1, p. 3.

[208]   Australian Council of Social Service, Submission No. 147, p. 2.

[209]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 8 citing Commonwealth Department of Education, Science and Training, 2001, Report on Australian Aged Care Nursing: A critical review of Education, training, recruitment and retention in residential and community setting.

[210]   Associate Professor Taksa and Dr Anne Junor, Supplementary Submission No. 109.1, p. 5.

[211]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 14.

[212]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 14.

[213]   Ms Suzanne Hammond, Industrial Relations Spokesperson, Women’s Electoral Lobby, Transcript of Evidence, 14 May 2009, p. 1.

[214]   For example see Australian Council of Social Service, Submission No. 147, p. 1.

[215]   Community and Public Sector Union State Public Services Federation Group, Submission No. 107, p. 2.

[216]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 7.

[217]   Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 84.

[218]   Dr Anne Junor, Transcript of Evidence, 26 September 2008, p. 59.

[219]   Ms Ann Taylor, President, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 83.

[220]   Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 1; see also Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 4.

[221]   Ms Glenys Fisher, Commissioner, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 3.

[222]   Ms Barbara Jennings, Women’s Office, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 75.

[223]   Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 26, see also Association of Professional Engineers, Scientist and Managers, Submission No. 121, p. 6.

[224]   Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p.22.

[225]   Ms Avalon Kent, Industrial Officer, Liquor, Hospitality and Miscellaneous Union, Transcript of Evidence, 31 March 2009, p. 15.

[226]   Ms Avalon Kent, Industrial Officer, Liquor, Hospitality and Miscellaneous Union, Transcript of Evidence, 31 March 2009, p. 15.

[227]   New South Wales Office for Women’s Policy, Submission No. 153, p. 26.

[228]   Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 3.

[229]   Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 4.

[230]   The Fair Work Act expressly excludes State and Territory courts and tribunals established under State and Territory laws, with powers to make an equal remuneration order from doing so for employees covered by the Fair Work Act 2009 (para. 26(2) (d)).

[231] As a general principle of constitutional law, where the Commonwealth successfully covers the field the states and territories are precluded from legislating in respect of the same subject matter and a State or Territory become inoperable; Note also that the Fair Work Act 2009, applies to a ‘national system employee’, being an individual usually employed by a national system employer. The term ‘usually employed’ has been judicially considered to include casual or day hire employees but not a person on a vocational placement (EM p. 11).

[232]   Robert Cornall, former Secretary, Attorney General’s Department, Federal Relations: The Legal and Constitutional Framework, Public Administration Today, July – Sept 2007, p. 8.

[233]   This approach relies on s.122 Territories Power and agreement among the States and Territories to apply the law in their own jurisdiction.

[234]   Whitehouse G and T Rooney (2008) The Queensland Dental Assistants’ Equal Remuneration Case: Advancing Gender Pay Equity at State Level?, Labour and Industry 18(2): 85-104.

Chapter 6 Anti-discrimination legislation

[1]       Kingsford Legal Centre, Submission No. 142, p. 2.

[2]       Ms Karinda Flavell, National Research Officer, Association of Professional Engineers, Scientists and Managers Australia, Transcript of Evidence, 2 April 2009, p. 50.

[3]       Equal Opportunity Commission of Western Australia, Submission No. 131, p. 3.

[4]       Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 5.

[5]       A trade union may act on behalf of one or more of its member or class of its members aggrieved by the act (46PW(1)(d)).

[6]       S.7B (1) (2) Sex Discrimination Act 1984 (Commonwealth) makes lawful otherwise unlawful indirect discrimination if the requirement or practice is ‘reasonable in all the circumstances’.

[7]       Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 2. See also Australian Human Rights Commission, Submission No. 108.

[8]       Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 54.

[9]       Work and Family Policy Roundtable, Submission No. 143, p. 20.

[10]     Queensland Industrial Relations Commission, 2007, Pay Equity TIME TO ACT, Inquiry to examine the impact of the federal Government’s WorkChoices amendments to the Workplace Relations Act 1996 on pay equity in Queensland, p. 4. See also comments by The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 31.

[11]     For example see ACT Council of Social Services, Submission No. 54, p. 7.

[12]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 9.

[13]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 56.

[14]     Ms Susan Booth, Commissioner, Anti-Discrimination Commission Queensland, Transcript of Evidence, 31 March 2009, p. 74.

[15]     Ms Sarah Tuberville, Officer, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 8.

[16]     Ms Sarah Tuberville, Officer, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 8.

[17]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time; Women, men, work and family Final Paper 2007, p. 57.

[18]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 82.

[19]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, pp. xi - xii

[20]     City of Perth, Submission No. 31, p. 1.

[21]     City of Perth, Submission No. 31, p. 1.

[22]     Australian Human Rights Commission, Submission No. 108, pp. 16-21.

[23]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, pp. 6-7.

[24]     Dr Cassandra Goldie, Director, Sex Discrimination Unit, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 7.

[25]     Australian Human Rights Commission, Submission No. 108, p. 21.

[26]     Australian Human Rights Commission, Submission to the Senate Legal and Constitutional Affairs Committee inquiry into Effectiveness of the Sex Discrimination Act 1984 citing the Equality Act 2006 (United Kingdom), s 20(1)(a) and ), s 20(2)

[27]     Canadian Human Rights Act RS 1985, cH-6, s 40(3)

[28]     Human Rights Act 1993, New Zealand, s 5(2)(h)

[29]     Kingsford Legal Centre, Submission No. 142, p. 6.

Chapter 7 Pay Equity Unit

[1]       Dr Cassandra Goldie, Director, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 17.

[2]       Ms Joan Bielski, Women into Politics, Transcript of Evidence, 1 April 2009, pp. 21, 24.

[3]       Dr Cassandra Goldie, Director, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, pp. 17-18.

[4]       Department of Education, Employment and Workplace Relations, Submission No. 58, p. 15.

[5]       Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 12.

[6]       Australian Education Union, Submission No. 76, p. 16.

[7]       See discussion on Quebec and the Pay Equity Commission in DEEWR, Submission No. 58, p. 31.

[8]       Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 2.

[9]       Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 2.

[10]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 38.

[11]     Australian Education Union, Submission No. 76, p. 19.

[12]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 38.

[13]     Queensland Industrial Relations Commission, 2007, Pay Equity TIME TO ACT, Inquiry to examine the impact of the federal Government’s WorkChoices amendments to the Workplace Relations Act 1996 on pay equity in Queensland, p. 7.

[14]     Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 4.

[15]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 2.

[16]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 28.

[17]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 3.

[18]     Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 2.

[19]     Ms Belinda Tkalcevic, Legal Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, pp. 14 -15.

[20]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 19.

[21]     Ms Mairi Steele, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 9.

[22]     Mr Rodney Masson, National Director, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 34.

[23]     Ms Susan Kenna, National Industrial Officer, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 28.

[24]     Hamilton James and Bruce, Submission No. 77, p. 1.

[25]     Ritchies Stores Pty Ltd, Submission No. 78, p. 3.

[26]     University of Western Sydney, Submission No. 86, p. 2.

[27]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 42.

[28]     Diversity Council Australia, Submission No. 110, p. 18.

[29]     Dr Anne Junor, Transcript of Evidence, 26 September 2008, p. 60.

[30]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 12.

[31]     Dr Trish Todd and Dr Joan Eveline, 2004, Report on the review of the Gender Pay Gap in Western Australia, p. 53 cited in Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 14.

[32]     See discussion in Queensland Industrial Relations Commission, 2007, Pay Equity TIME TO ACT, Inquiry to examine the impact of the federal Government’s WorkChoices amendments to the Workplace Relations Act 1996 on pay equity in Queensland, p. 8.

[33]     For example see Ms Suzanne Hammond, Industrial Relations Spokesperson, Transcript of Evidence, 14 May 2009, p. 11.

[34]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 5.

[35]     Ms Meg Smith, Transcript of Evidence, 26 September 2008, p. 54.

[36]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 12.

[37]     See discussion in DEEWR, Submission No. 58, p. 17.

[38]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 25.

[39]     Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 2.

[40]     Hydro Aluminium Kurri Kurri Pty Ltd, Submission No. 36, p. 1.

[41]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 27.

[42]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 26.

[43]     Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 43.

[44]     Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 43.

[45]     Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 60.

[46]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 8.

[47]     Equal Opportunity Commission of Western Australia, Submission No. 131, p. 13.

[48]     Equal Opportunity Commission of Western Australia, Submission No. 131, pp. 13-14. Sex Discrimination Act 1975, as amended by the Equality Act 2006. A similar duty commenced under the Disability Discrimination Act 1995 in December 2006 and under the Race Relations Act 1976 in 2001. Federal Plan for Gender Equality’, administered by Status of Women Canada.

[49]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, pp. 26-27.

[50]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 4.

[51]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 8.

[52]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 27.

[53]     Ms Belinda Tkalcevic, Legal/Industrial Officer, Australian Council of Trade Unions, Official Transcript of Evidence, 3 April 2009, Melbourne, pp. 15-16.

[54]     Dr Kathy MacDermott, Adviser, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 11.

[55]     See discussion in Diversity Council Australia, Submission No. 110, p. 20.

[56]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, pp. 14 -22.

[57]     Australian Human Rights Commission, Submission No. 108, p. 24.

[58]     See discussion in ILO Equal remuneration: General Survey by the Committee of Experts on the Application of Conventions and Recommendations, International Labour Office, Geneva, 1986, p. 10 cited in Group Training Australia, Submission No. 45, p. 4.

[59]     Group Training Australia Ltd, Submission No. 45, p. 5.

[60]     Ms Jo Justo, National Industrial Officer, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 61.

[61]     Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 7.

[62]     Law Council of Australia, Submission No. 144, p. 11.

[63]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xviii.

[64]     See comments by Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 15.

[65]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 13.

[66]     See Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 4. See also The Victorian Bar, Submission No. 141, p. 3.

[67]     Fuji Xerox Australia, Submission No. 79, p. 3.

[68]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 32.

[69]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 33.

[70]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 81.

[71]     Mr Russel Bancroft, Officer, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 18.

[72]     Electrolux Home Products Pty Ltd, Submission No. 105, p. 4.

[73]     Ms Mairi Steele, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 11.

[74]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 24.

[75]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 11.

[76]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 22.

[77]     Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 45.

[78]     Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 46.

[79]     Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 56.

[80]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 5; Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 41.

[81]     Ms Dorothy Hisgrove, Head, people and Change, National Australia Bank, Transcript of Evidence, 2 April 2009, p. 98.

[82]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 5.

[83]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 5.

[84]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 1.

[85]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 84.

[86]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 2.

[87]     Ms Sarah Tuberville, Officer, Department of Innovation, Industry and Regional Development, Victoria, Transcript of Evidence, 2 April 2009, p. 8.

[88]     Australian Institute of Management, Submission No. 104, p. 2.

[89]     Australian Institute of Management, Submission No. 104, p. 2.

[90]     Australian Institute of Management, Supplementary Submission No. 104.1, p. 2.

[91]     Finance Sector Union of Australia, Submission No. 122, p. 1.

[92]     Association of Professional Engineers, Scientist and Managers, Submission No. 121, p. 7.

 

[94]     Australian Council of Trade Unions and Joint State Union Peak Councils, Submission No 125, p. 40.

[95]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 2.

[96]     New Zealand Department of Labour, Submission No. 148, p. 11.

[97]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 17.

[98]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 18.

[99]     Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 19.

[100]   Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 19.

[101]   Plibersek, T (Minister for the Status of Women) 2009, Government announces review of Equal Opportunity for Women in the Workplace Agency, media release, Parliament House, Canberra, 1 June 2009.

[102]   Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 17.

Chapter 8 Administrative approaches

[1]       Dr Nicholas Seddon, 2003, ‘The Interaction of Contract and Executive Power’ Federal Law Review 14; see also Government Contracts: Federal, State and Local (2^nd ed, 1999).

[2]       New South Wales v Bardolph [1934] HCA 68; (1934) 52 CLR 455, 474–5 (Evatt J); Building and Construction Employees and Builders Labourers Federation of New South Wales v Minister for Industrial Relations (1986) 7 NSWLR 372.

[3]       Dr Nicholas Seddon, Government Contracts: Federal, State and Local (2^nd ed, 1999). Even if there is a limit, it is very unlikely that anyone would mount a legal challenge because it would be a constitutional, and therefore expensive, case. Running such a case would also be uncertain in outcome because of the controversy about what the limits actually mean in practical application.

[4]       Reg 8(2) requires an official to make a written record of his or her reasons for not acting consistently with the Guidelines.

[5]       Paragraph 5.2 states that all potential suppliers must be treated equally based on their legal, commercial, technical and financial abilities and procurement methods must not discriminate against potential suppliers due to their degree of foreign affiliation or ownership, location or size.

[6]       Commonwealth Procurement Guidelines, December 2008, Financial Management Guidance No. 1. p. 7.

[7]       Ms Mairi Steele, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 9.

[8]       Ms Meredith Schilling, Member, Victorian Bar, Transcript of Evidence, 18 June 2009, pp. 17-18; Ms Fiona McLeod, Chair, Equal Opportunity Committee Victorian Bar, Transcript of Evidence, 18 June 2009, p. 19.

[9]       See discussion Ms Meredith Schilling, Member, Victorian Bar, Transcript of Evidence, 18 June 2009, pp. 20-21.

[10]     The Victorian Bar, Submission No. 141, p. 5. The Victorian Bar acknowledge that some of this variation may be due to the small numbers of female senior counsel (typically the highest earning barristers) and the prevalence of women in less well paid areas (such as welfare and child protection matters), it appears that women barristers appear to be achieving consistently lower fees even in those jurisdictions where greater homogeneity of experience can be assumed.

[11]     Work and Family Policy Roundtable, Submission No. 143, p. 21 citing Rubenstein M, 2007, Equality, the Private Sector and the Discrimination Law Review: A preliminary Report, Report presented to the Seminar on Discrimination Law Review, 27 June 2007, Greater London Authority, pp. 17-18 at www.edf.org.uk/news/MichaelRubenstein.doc.

[12]     Work and Family Policy Roundtable, Submission No. 143, p. 22.

[13]     Ms Elizabeth Newell, Omnibus provision suspends controversial women’s procurement regulation, Government Executive at http://www.govexec.com/dailyfed/0309/031309e1.htm, March 13, 2009, accessed 16 November 2009.

[14]     See Dr Kathy MacDermott, Adviser, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 10.

[15]     Victoria v Commonwealth (Uniform Tax Case (No.2) (1957) 99 CLR 575 at 604,605,607; [1957] ALR 761; (1957) 31 ALJ 369’ 11 ATD 317 per Dixon CJ.

[16]     Victoria v Commonwealth (Uniform Tax Case (No.2) (1957) 99 CLR 575 at 604,605,607; [1957] ALR 761; (1957) 31 ALJ 369’ 11 ATD 317 per Dixon CJ.

[17]     Victoria v Commonwealth (Uniform Tax Case (No 2)) (1957) 99 CLR 575 at 607; [1957] ALR 761; (1957) 31 ALJ 369; 11 ATD 317 per Dixon CJ. See also Deputy Commissioner of Taxation (NSW) v WR Moran Pty Ltd (1939) 61 CLR 735; [1939] ALR 357; (1939) 13 ALJ 205; 5 ATD 204 (validity of a grant of financial assistance to the States, conditioned on the recipient States transmitting the assistance to identified taxpayers in proportion to the taxes paid by them, upheld); Attorney-General (Vic); Ex rel Black v Commonwealth (DOGS Case) (1981) 146 CLR 559; 33 ALR 321; 55 ALJR 155 (Commonwealth Parliament could grant financial assistance to the States on condition that the recipient States paid over that assistance to private schools nominated by the Commonwealth).

[18]     Parties?(1975) 134 CLR 338 (AAP Case)

[19]     National Foundation for Australian Women, Submission No. 94, p. 6.

[20]     Provided compliance with the terms and conditions does not involve the State in a breach of a law; South Australia v Commonwealth (Uniform Tax Case (No 1)) (1942) 65 CLR 373; [1942] ALR 186; (1942) 16 ALJ 109; 7 ATD 1Victoria v Commonwealth (Federal Roads Case) (1926) 38 CLR 399; Victoria v Commonwealth (Uniform Tax Case (No 2)) (1957) 99 CLR 575 at 606; [1957] ALR 761; (1957) 31 ALJ 369; 11 ATD 317 per Dixon CJ; Victoria v Commonwealth (Uniform Tax Case (No 2)) (1957) 99 CLR 575 at 630 per Williams J, at 656 per Fullagar J; [1957] ALR 761; (1957) 31 ALJ 369; 11 ATD 317.

[21]     Note however that a term or condition may not restrict the free exercise of religion or require a State to breach the law.

[22]     Stephen  Scott and David  Crowe, ‘Grants shift idea backed’, Australian Financial Review, 1 August 2007 p. 13.

[23]     Public Accountability and Performance Reporting, Schedule C, Inter-Governmental Agreement on Federal Financial Relations p. C1.

[24]     Business News, ‘Industry super funds demand radical rethink’, Sydney Morning Herald, 22 September 2009.

[25]     Ms Marcia Williams, Executive Director, Women’s Centre on Health Matters, Transcript of Evidence, 28 May 2009, p. 7.

[26]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. xiv.

[27]     Mr S Kelly, ‘Entering Retirement: the Financial Aspects’ Paper presented to the Communicating the Gendered Impact of Economic Policies: The Case of Women’s Retirement Incomes, 12-13 December 2006, Perth cited in Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 5.

[28]     Ms Somali Cerise, Senior Policy and Research Officer, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 13.

[29]     ACT Council of Social Services, Submission No. 54, pp. 8-9 citing Professor Rhonda Sharp, Hawke Research Institute, University of South Australia, Media Release Women Miss out on Retirement Super, 10 April 2008 and Diane Olsberg, ‘Women and Superannuation Still Missing Out’, Journal of Australian Political Economy 53, p.164.

[30]     National Foundation for Australian Women, Supplementary Submission No. 94.1, p. 2.

[31]     Australian Maritime Officers Union, Submission No. 74, p. 9.

[32]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, pp. 35-6.

[33]     Association of Superannuation Funds of Australia Ltd research Centre, Women and Superannuation, 2001 cited in ACT Council of Social Services, Submission No. 54, p. 4.

[34]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 6.

[35]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 23.

[36]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 23.

[37]     Security for Women, Submission No. 17, p. 2.

[38]     ACT Council of Social Services, Submission No. 54, p. 10.

[39]     See discussion Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 55.

[40]     ACT Council of Social Services, Submission No. 54, p. 10.

[41]     The Australian Institute of Superannuation Trustees, Submission No. 63, p. 3.

[42]     The Australian Institute of Superannuation Trustees, Submission No. 63, pp. 3-4.

[43]     The Australian Institute of Superannuation Trustees, Submission No. 63, p. 4.

[44]     The Australian Institute of Superannuation Trustees, Submission No. 63, pp. 4-5.

[45]     Department of Treasury, Supplementary Submission No. 151.2, p. 1.

[46]     Department of Treasury, Supplementary Submission No. 151.2, p. 1.

[47]     Department of Treasury, Supplementary Submission No. 151.2, p. 1.

[48]     National Tertiary Education Industry Union, submission on the retirement income consultation paper in relation to the Review of Australia’s Future Tax System, 16 April 2009, p. 4. See also the submission by the Association of Superannuation Funds of Australia Limited.

[49]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 10.

[50]     Submissions of Australian Council of Trade Unions, Industry Super Network, Industry Funds Credit Control and Australian Institute of Superannuation Trustees to the ‘Review into the Tax Office’s administration of the Superannuation Guarantee Charge’, July 2009, p. 17.

[51]     Senate Select Committee on Superannuation, Superannuation and standards of living in retirement, Report on the adequacy of the tax arrangements for superannuation and related policy, December 2002, p. 64.

[52]     Submissions of Australian Council of Trade Unions, Industry Super Network, Industry Funds Credit Control and Australian Institute of Superannuation Trustees to the ‘Review into the Tax Office’s administration of the Superannuation Guarantee Charge’, July 2009, p. 17.

[53]     Submissions of Australian Council of Trade Unions, Industry Super Network, Industry Funds Credit Control and Australian Institute of Superannuation Trustees to the ‘Review into the Tax Office’s administration of the Superannuation Guarantee Charge’, July 2009, p. 17.

[54]     Australia’s future tax system The retirement income system: Report on Strategic Issues May 2009

[55]     Australia’s future tax system The retirement income system: Report on Strategic Issues May 2009, p. 62.

[56]     Mr Philip Gallagher, PSM Manager, Retirement and Intergenerational Modelling Unit, Department of the Treasury, Transcript of Evidence, 10 September 2009, p. 5.

[57]     Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 57.

[58]     Mr Philip Gallagher, PSM Manager, Retirement and Intergenerational Modelling Unit, Department of the Treasury, Transcript of Evidence, 10 September 2009, p. 4.

[59]     Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 55; Australian Institute of Superannuation Trustees, Submission No. 63, p. 2.

[60]     Captain Carmen Blanco, Submission No. 103, p. 12.

[61]     Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 58.

[62]     Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 55.

[63]     Ms Somali Cerise, Senior Policy and Research Officer, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 13.

[64]     Mr Andrew Barr, Policy and Research Manager, Australian Institute of Superannuation Trustees, Transcript of Evidence, 24 October 2008, p. 56.

[65]     Ms Roslyn Dundas, Director, ACT Council of Social Service, Transcript of Evidence, 28 May 2009, p. 4.

[66]     Ms Jo Justo, National Industrial Officer, Australian Services Union, Transcript of Evidence, 31 March 2009, p. 61.

[67]     Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 37.

[68]     Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 41.

[69]     Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 41.

[70]     Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 42.

[71]     Office of Women, Overview: Women’s Interdepartmental Committee, Exhibit 101.

[72]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 4.

[73]     Ms Sandra Parker, Group Manager, Workplace Relations Policy Group, Department of Education, Employment and Workplace Relations, Transcript of Evidence, 18 September 2008, p. 4.

[74]     Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 15.

[75]     Work and Family Policy Roundtable, Submission No. 143, p. 6.

[76]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 67.

[77]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 1; Australian Public Service Commission, Submission No. 102, p. 2. At the APS4 level there was no difference in length of service between males and females.

[78]     Australian Public Service Commission, Submission No. 102, pp. 3-4

[79]     Ms Nicole Pietrucha, Group Manager, Better Practice, Australian public Service Commission, Transcript of Evidence, 16 October 2008, p. 2.

[80]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, pp. 66, 69.

[81]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 71.

[82]     Mr Stephen Jones, National Secretary, Community and Public Sector Union, Transcript of Evidence, 26 September 2008, p. 77.

[83]     Community and Public Sector Union, Submission No. 13, p. 1.

[84]     Equal Opportunity Commission of Western Australia, Submission No. 131, p. 15.

[85]     Department of Education, Employment Workplace Relations, Submission No. 58, p. 27.

[86]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 28.

[87]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 39.

[88]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 28; Equal Opportunities Commission 2003, Code of Practice on Equal Pay, London

[89]     Chicha, M T, 2006, A Comparative analysis of promoting pay equity: models and impacts, International Labour Office, Geneva cited in DEEWR, Submission No. 58, p. 229.

Chapter 9 Data collection and research

[1]       Work and Family Policy Roundtable, Submission No. 143, p. 8.

[2]       Group Training Australia Ltd, Submission No. 45, p. 5.

[3]       Committee on the Elimination of Discrimination against Women, 2006, Concluding comments of the Committee on the Elimination of Discrimination against Women, United Nations Convention on the Elimination of All Forms of Discrimination, p. 3.

[4]       Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 5.

[5]       Equal Opportunity for Women in the Workplace Agency 2009, Equal Opportunity for Women in the Workplace Agency, Sydney, viewed 9 September 2009, < http://www.eowa.gov.au/>.

[6]       Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 14.

[7]       Equal Opportunity for Women in the Workplace Agency 2009, Equal Opportunity for Women in the Workplace Agency, Sydney, viewed 24 September 2009, <http://www.eowa.gov.au/Australian_Women_In_Leadership_Census.asp>.

[8]       Equal Opportunity for Women in the Workplace Agency, Generation F: Attract, Engage, Retain – Australian workplaces not positioned for productivity: EOWA research, Sydney, 29 April 2008.

[9]       Equal Opportunity for Women in the Workplace Agency, EOWA Survey on Paid Maternity Leave, Sex-based Harassment Initiatives and the Gender Pay Gap, Canberra, 2009, p. 3.

[10]     For report see: <http://www.eowa.gov.au/Information_Centres/Media_Centre/Media_Releases/2009_Alcoa_Survey.asp>.

[11]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, pp. 19-20.

[12]     Definition for organisations covered by the legislation can be found Section 3.1 of the Equal Opportunity for Women in the Workplace Act 1999.

[13]     Ms. Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2009, p. 19.

[14]     Equal Opportunity for Women in the Workplace Act 1999 (Cwlth), Section 19, (1)(a-b).

[15]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, pp. 9-10.

[16]     Equal Opportunity for Women in the Workplace Agency, EOWA Survey on Paid Maternity Leave, Sex-based Harassment Initiatives and the Gender Pay Gap, Canberra, 2009, p. 3.

[17]     Australian Bureau of Statistics, Submission No. 132, p. 1.

[18]     Australian Bureau of Statistics, Submission No. 132, p. 2.

[19]     Australian Bureau of Statistics, Submission No. 132, p. 2.

[20]     Australian Bureau of Statistics, Submission No. 132, p. 4.

[21]     Australian Bureau of Statistics, Submission No. 132, pp. 5-6.

[22]     Australian Bureau of Statistics, Submission No. 132, p. 9.

[23]     Australian Bureau of Statistics, Submission No. 132, p. 31.

[24]     Melbourne Institute of Applied Economics, University of Melbourne, Household Income and Labour Dynamics in Australia Survey, viewed 2 July 2009, <http://www.melbourneinstitute.com/hilda/>.

[25]     Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 16.

[26]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. 49.

[27]     Department of Workplace Relations & Small Business, 1997, Changes at Work: The 1995 Australian Workplace Industrial Relations Survey, A Summary of the major findings, p. 1.

[28]     Work and Family Policy Roundtable, Submission No. 143, p. 10.

[29]     See Transcript of Evidence, 25 September 2008, p. 6.

[30]     Ms Julia Burns, Executive Director, Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Transcript of Evidence, 20 August 2009, p. 6.

[31]     Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Exhibit 101, p. 1.

[32]     Ms Julia Burns, Executive Director, Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Transcript of Evidence, 20 August 2009, p. 6.

[33]     Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Exhibit No.101, p. 1.

[34]     Plibersek, T (Minister for the Status of Women), 2009, Australian Women’s Leadership Symposium, Canberra, 17 June.

[35]     Department of Education, Employment and Workplace Relations, Supplementary Submission No. 58.1, p. 1.

[36]     Australian Public Service Commission 2009, Australian Public Service Commission, Canberra, viewed 25 September 2009, <http://www.apsc.gov.au/annualreport/0708/partoneoverview.htm>.

[37]     Australian Public Service Commission, Submission No. 102, p. 1.

[38]     Australian Public Service Commission, Submission No. 102, p. 1.

[39]     Diversity Council of Australia, Submission No. 110, p. 15.

[40]     Then the Human Rights and Equal Opportunity Commission

[41]     is an inter-disciplinary research program spanning the Curtin Business School and the Division of Humanities of the Curtin University

[42]     Australian Human Rights Commission, Submission No. 108, p. 9.

[43]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xviii.

[44]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, pp. xviii – xix.

[45]     Australian Human Rights Commission, Submission No. 108, recommendation 12 (1), p. 23.

[46]     Australian Human Rights Commission, Submission No. 108, p. 22.

[47]     Queensland Government, Submission No. 135, p. 10.

[48]     Work and Family Policy Roundtable, Submission No. 143, p. 10.

[49]     Ms Catherine Bowtell, Senior Industrial Officer, Australian Council of Trade Unions, Transcript of Evidence, 3 April 2009, p. 15.

[50]     National Pay Equity Coalition and Women’s Electoral Lobby, Submission No. 118, p. 6.

[51]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 11.

[52]     Ms Mairi Steele, Acting Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 2.

[53]     Ms Mairi Steele, Acting Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, pp. 15-16.

[54]     Diversity Council of Australia, Submission No. 110, p. 14.

[55]     Department of Consumer Protection and Government Employment, Government of Western Australia, Submission No. 134, pp. 18-23.

[56]     Department of Consumer Protection and Government Employment, Government of Western Australia, Submission No. 134, p. 21.

[57]     Finance Sector Union, Submission No. 122, p. 3.

[58]     Industrial Relations Research Centre, Submission No. 109, p. 2.

[59]     Industrial Relations Research Centre, Submission No. 109, p. 2.

[60]     Office for Women’s Policy, New South Wales Government, Submission No. 153, p. 38.

[61]     Department of Workplace Relations & Small Business, 1997, Changes at Work: The 1995 Australian Workplace Industrial Relations Survey, A Summary of the major findings, p. 1.

[62]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 3.

[63]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 3.

[64]     National Tertiary Education Union, Submission No. 98, p. 5.

[65]     Work and Family Policy Roundtable, Submission No. 143, p. 10.

[66]     National Pay Equity Coalition and Women’s Electoral Lobby, Submission No. 118, p. 8.

[67]     Industrial Relations Research Centre, University of New South Wales, Submission No. 109, p. 4.

[68]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xiv.

[69]     Queensland Government, Submission No. 135, p. 10.

[70]     Department of Consumer Protection and Government Employment, Government of Western Australia, Submission No. 134, p. 23.

[71]     Department of Innovation, Industry and Regional Development, Victorian Government, Submission No. 136, p. 7.

         See also, Ms Sarah Tuberville, Officer, Department of Innovation, Industry and Regional Development, Victorian Government, Transcript of Evidence, 2 April 2009, p. 4.

[72]     National Foundation for Australian Women, Submission No. 94, p. 6.

[73]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xiv.

[74]     Department of Consumer Protection and Government Employment, Government of Western Australia, Submission No. 134, p. 20.

[75]     Work and Family Policy Roundtable, Submission No. 143, p. 10.

[76]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xiii.

[77]     WISER 2006 Towards a Database of Women’s Employment Status Key Indicators, p. xviii.

[78]     Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 16.

[79]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 5.

[80]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 5.

[81]     Office for Women, NSW Government, Submission No. 153, p. 7.

[82]     Mr Michael Gerrity, Assistant Director, Australian Bureau of Statistics, Transcript of Evidence, 13 November 2008, p. 5.

[83]     Mr Michael Gerrity, Assistant Director, Australian Bureau of Statistics, Transcript of Evidence, 13 November 2008, p. 5.

Chapter 10 Women’s choices?

[1]       Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 58.

[2]       Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 9.

[3]       Department of Education, Employment and Workplace Relations, Submission No. 58, p. 21. See also Associate Professor Siobhan Austen, Submission No. 126, p. 2.

[4]       Ms Sandra Parker, Group Manager, Workplace Relations Policy Group, Department of Education, Employment and Workplace Relations, Transcript of Evidence, 18 September 2008, p. 2.

[5]       Security for Women, Submission No. 17, p. 6 citing ABS Year Book Australia 1 August 2008.

[6]       Office for Women, Department of Families, Housing, Community Services and Indigenous Affairs, Submission No. 112, p. 3 citing I Fraser, ‘Forty years of combined oral contraception: the evolution of a revolution’, Medical Journal of Australia, 2000, pp. 173,  541-544.

[7]       Queensland Government, Submission No. 135, p. 5.

[8]       Queensland Government, Submission No. 135, p. 5.

[9]       Associate Professor Siobhan Austen, Submission No. 126, p. 3.

[10]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 10.

[11]     Department of Education, Employment and Workplace Relations, Submission No. 58, pp. 24-25.

[12]     Ms Barbara Jennings, Women’s Officer, Victorian Trades Hall Council, Transcript of Evidence, 2 April 2009, p. 82.

[13]     Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, pp. 12-13.

[14]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, pp. 67, 74.

[15]     Queensland Government, Submission No. 135, p. 5 citing Gray M, Chapman B, 2001, ‘Foregone earnings from child rearing: Changes between 1986 and 1997’, Family Matters, 58 p. 3; Beggs J, Chapman B, 1988, The Forgone Earnings From Child rearing, Discussion Paper no. 190, Centre for Economic Policy Research, Australian National University, Canberra.

[16]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xxi.

[17]     Industrial Relations Victoria, Submission 160, p. 38 to the Human Rights and Equal Opportunity Commission, Balancing work and family responsibilities inquiry, It’s About Time: Women, men work and family, Final Paper 2007, cited on p. 77.

[18]     Queensland Government, Submission No. 135, p. 5.

[19]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender earnings differentials in Australia: A statistical overview of Women’s earnings, unpublished, p.46.

[20]     New South Wales Office for Women’s Policy, Submission No. 153, p. 17. citing Jenny Chalmers and Trish Hill, ‘Marginalising Women in the Labour Market: “Wage Scarring” Effects of Part-Time Work’, Australian Bulletin of Labour, 33 (2) 2007, pp.180-201; AMP.NATSEM, She Works Hard for the Money: Australian Women and the Gender Divide, AMP.NATSEM Income and Wealth Report, Issue 22, April 2009.

[21]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender earnings differentials in Australia: A statistical overview of Women’s earnings, unpublished, p.46.The horizontal axis shows the income quintile points and the vertical axis indicate the earnings gap relative to a base case of a male without children under the age of 15 years.

[22]     Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 26.

[23]     New South Wales Office for Women’s Policy, Submission No. 153, p. 13.

[24]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 10.

[25]     Ms Marilyn Beaumont, Executive Director, Women’s Health Victoria, Transcript of Evidence, 2 April 2009, p. 42.

[26]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 11.

[27]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xviii.

[28]     Preston A (2007) Trends in the Gender Pay Gap, Paper presented to the Fair Pay, Equal Pay – What are the prospects for West Australian Women?, 2 March 2007, Women in Social and Economic Research, Curtin University of Technology.

[29]     Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 7.

[30]     Department of Education, Employment and Workplace Relations, Submission No. 58, p. 21.

[31]     Work and Family Policy Roundtable, Submission No. 143, p. 7 citing Preston A and T Jefferson, 2007, ‘Trends in Australia’s Gender Wage Ratio’ Journal of Labour and Industry, 18(2): 69-84.

[32]     Work and Family Policy Roundtable, Submission No. 143, p. 8 citing Preston A and Whitehouse G, 2004, ‘Gender Difference in Occupation of Employment in Australia’, Australian Journal of Labour Economics 7(3): pp. 309-327; and Campbell I, 2008, ‘Australia: Institutional changes and workforce fragmentation’ in S Lee and F Eyraud (eds) Globalization, Flexibilization and Working Conditions in Asia and the Pacific, Oxford: Chandros Publishing and Elton J, Bailey J, Baird M, Charlesworth S, Cooper R, Ellem B, Jefferson T, Macdonald F, Oliver D, Pocock B, Preston A and G Whitehouse, 2007, Women and WorkChoices: Impacts on the Low Pay Sector at http://www.unisa.edu.au/hawkeinstitute/cwl/documents/women-work-choices-full.pdf.

[33]     New South Wales Office for Women’s Policy, Submission No. 153, p. 17.

[34]     Cited in New South Wales Office for Women’s Policy, Submission No. 153, p. 17.

[35]     Productivity Commission, Part time employment: The Australian experience, June 2008,      pp. xviii-xx.

[36]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xx.

[37]     Department of Families, Housing, Community Services and Indigenous Affairs, 2008, Gender earnings differentials in Australia: A statistical overview of Women’s earnings, unpublished, p. 3.

[38]     Productivity Commission, PC Update, August 2008, Part time employment: The Australian experience, p. 9.

[39]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xvii.

[40]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xvii.

[41]     Women’s Health Victoria, Submission No. 80, p. 2 citing Business Victoria (2006) Causes of Gender Pay Gap. Government of Victoria. Available at: <http://www.business.vic.gov.au /BUSVIC/STANDARD.HTML/PC_61632.html> Accessed 4 August 2008.

[42]     Police Federation of Australia, Submission No. 96, pp. 3, 12.

[43]     Workplace Research Centre, 2008, Police at Work: The Benchmark Report, University of Sydney.

[44]     Police Federation of Australia, Submission No. 96, p. 3.

[45]     Mr Nicolas Blake, Federal Industrial Officer, Australian Nursing Federation, Transcript of Evidence, 24 October 2008, p. 32.

[46]     Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 67.

[47]     ACT Council of Social Services, Submission No. 54, p. 8.

[48]     ACT Council of Social Services, Submission No. 54, p. 8.

[49]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 38.

[50]     Women’s Heath Victoria, Submission No. 80, p. 2 citing Australian Bureau of Statistics (2008). Australian Labour Market Statistics July 2008. ABS Cat. No. 6105.0. Located at: http://www.ausstats.abs.gov.au/ausstats/subscriber.nsf/0/C13A89556EEE7941CA25747A00116F59/$File/61050jul%202008.pdf Accessed 5 August 2008.

[51]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 43.

[52]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 44.

[53]     Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 11.

[54]     Productivity Commission, Part time employment: The Australian experience, June 2008, p. xxviii.

[55]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 44.

[56]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, pp. 43-44 citing Chalmers J, Campbell I and Charlesworth S, 2005, ‘Part-time Work and Caring Responsibilities in Australia: Towards an Assessment of Job Quality’, Labour and Industry, 15(3), pp. 41-66.

[57]     Ms Samira Douglas, Chief Executive Officer, WIRE - Women’s Information Centre, Transcript of Evidence, 2 April 2009, p. 91.

[58]     Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 45.

[59]     Howard Florey Institute, Supplementary Submission No. 88.1, p. 2.

[60]     Dr Siew Chai, Senior Research Fellow, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 41.

[61]     Dr Siew Chai, Senior Research Fellow, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 42; Dr Elisa Hill, Senior Research Officer, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 42.

[62]     Dr Elisa Hill, Senior Research Officer, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 43.

[63]     Dr Siew Chai, Senior Research Fellow, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 49.

[64]     Dr Siew Chai, Senior Research Fellow, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 49.

[65]     Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 30.

[66]     New South Wales Office for Women’s Policy, Submission No. 153, pp. 17-18.

[67]     New South Wales Office for Women’s Policy, Submission No. 153, p. 18.

[68]     Women Into Politics Inc, Submission No. 49, p. 1.

[69]     Ms Samira Douglas, Chief Executive Officer, WIRE - Women’s Information, Transcript of Evidence, 2 April 2009, p. 90.

[70]     Name Withheld, Submission 1, p. 1.

[71]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 1.

[72]     See Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 36.

[73]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 9.

[74]     Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 42.

[75]     Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 27.

[76]     Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 23.

[77]     Windsor K, 2007, Putting Pay equity into Practice – Pay Equity and the Productive Workplace. A case study of the NAB/FSU pay equity audit, August 2007, p. 23  cited in Australian Education Union, Submission No. 76, p. 24.

[78]     Port Stephens Council, Submission No. 48, p. 4.

[79]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 9 citing Chamber of Commerce and Industry Western Australia. (2008), Women in the Workforce: A Discussion Paper, October, East Perth: CCI Economics, p. 42.

[80]     Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 27.

[81]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 16.

[82]     Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 43.

[83]     Mr Andrew Tillett, ‘Gender pay gap widens in WA’, West Australian, 29 October 2008, p. 12.

[84]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 15.

[85]     Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 15.

[86]     Australian Education Union, Submission No. 76, p. 7.

[87]     Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 36.

[88]     Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 3.

[89]     Mr Frank Quinlan, Australian Catholic Bishops Conference, Transcript of Evidence, 12 March 2009, p. 12.

[90]     Human Rights and equal Opportunity Commission, 2007, It’s about time: Women, men work and family, p. 70.

[91]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 40.

[92]     Shire of York, Submission No.7, p. 1.

[93]     Mr John Hart, Chief Executive Officer, Restaurant and Catering Australia, Transcript of Evidence, 1 April 2009, p. 54.

[94]     Ms Juliet Bourke, Chair, Equal Employment Opportunity Network of Australasia, Transcript of Evidence, 26 September 2008, p. 81.

[95]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 21.

[96]     Ms Susan Kenna, National Industrial Officer, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 29.

[97]     Ms Susan Kenna, National Industrial Officer, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 29.

[98]     Ms Susan Kenna, National Industrial Officer, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 34.

[99]     City of Whitehorse, Submission No. 89, p. 2.

[100]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[101]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[102]   Mr Matthew Drinan, Manager, Research and Consulting, Australian Institute of Management New South Wales and Australian Capital Territory, Transcript of Evidence, 26 September 2008, p. 10.

[103]   Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 5.

[104]   Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 64.

[105]   National Foundation for Australian Women, Submission No. 94, p. 14.

[106]   Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 16.

[107]   Mr Andrew Cameron, Manager, Policy, Recruitment and Consulting Services Association, Transcript of Evidence, 24 October 2008, p. 36.

[108]   Finance Sector Union of Australia, Submission No. 122, p. 3 citing Finance Sector Union, 2005, Workforce Report, Finance Sector Union of Australia, Melbourne.

[109]   BPW Australia, Submission No. 117, p. 1.

[110]   BPW Australia, Submission No. 117, p. 2.

[111]   Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 10.

[112]   Mr Michael Gerrity, Assistant Director, Australian Bureau of Statistics, Transcript if Evidence, 13 November 2009, pp. 3, 14.

[113]   Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 34.

[114]   Port Stephens Council, Submission No. 48, p. 3.

[115]   Working Women’s Centres South Australia and Northern Territory and the Queensland Working Women’s Service, Submission No. 119, p. 14.

[116]   Working Women’s Centres South Australia and Northern Territory and the Queensland Working Women’s Service, Submission No. 119, p. 15.

[117]   Working Women’s Centres South Australia and Northern Territory and the Queensland Working Women’s Service, Submission No. 119, p. 15.

[118]   Working Women’s Centres South Australia and Northern Territory and the Queensland Working Women’s Service, Submission No. 119, p. 15.

[119]   Australian Bureau of Statistics, Population characteristics: Aboriginal and Torres Strait Islander Australians 2001 (4713.0), p. 85.

[120]   Industrial Relations Research Centre, Submission No. 109, p. 2.

[121]   Industrial Relations Research Centre, Submission No. 109, p 4, citing UN CEDAW (2007) Committee on the Elimination of Discrimination against Women Thirty-fourth session 16 January-3 February 2006, available <http://www.fahcsia.gov.au/sa/women/pubs/govtint/ cedaw_reports/Pages/CEDAWCommitteecomments2003report.aspx>, accessed 20 October 2009.

[122]   Women With Disabilities Australia, Submission No. 44, p. 5.

[123]   Women With Disabilities Australia, Submission No. 44, p. 6.

[124]   Women With Disabilities Australia, Submission No. 44, p. 6.

[125]   Women With Disabilities Australia, Submission No. 44, p. 7.

[126]   New South Wales Office for Women’s Policy, Submission No. 153, p. 17 citing Pocock B, Skinner N and Williams P, Work, Life and Time: The Australian Work and Life Index 2007, Centre for Work +Life, University of South Australia, Adelaide, 2007. Australian Bureau of Statistics, Employee Earnings, Benefits and Trade Union Membership, cat. no. 6310.0 August 2008; Chalmers and Hill, op. cit.

[127]   Women With Disabilities Australia, Submission No. 44, p. 16.

[128]   Women With Disabilities Australia, Submission No. 44, p. 17; see also Fawcett G, 2000, Bringing down the barriers: The labour market and Women with disabilities in Ontario, Canadian Council on Social Development, Ottawa, Ontario.

[129]   Women With Disabilities Australia, Submission No. 44, pp. 11-15.

[130]   Women With Disabilities Australia, Submission No. 44, p. 17.

[131]   Women With Disabilities Australia, Submission No. 44, p. 17.

[132]   Women With Disabilities Australia, Submission No. 44, p. 15.

[133]   Women With Disabilities Australia, Submission No. 44, p. 19.

[134]   Australia’s combined sixth and seventh report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, 2008, para 9.52.

[135]   Federation of Ethnic Communities’ Councils of Australia, Submission No. 50, p. 2; Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 16.

[136]   Federation of Ethnic Communities’ Councils of Australia, Submission No. 50, p. 2 citing the findings of Department of Victorian Communities, 2005, Successworks, CALD Women’s Project.

[137]   Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 16.

[138]   Associate professor Taksa and Dr Anne Junor, Submission No. 109, p. 11.

[139]   Department of Immigration and Citizenship, 2009, Additional information relating to regulation amendments to strengthen the integrity of the temporary skilled visa program, 14 September 2009 Legislation Change, at <http://www.immi.gov.au/legislation/amendments/2009/090914/ lc14092009-05.htm>

[140]   Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 16.

[141]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, p. 12.

[142]   Mr Peter van Vliet, Director, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 18.

[143]   Associate Professor Taksa and Dr Anne Junor, Submission No. 109, pp. 11-12.

[144]   Ms Voula Messimeri, Chair, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 19.

[145]   Federation of Ethnic Community Councils of Australia, Submission No. 50, p. 8.

[146]   Mr Peter van Vliet, Director, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 21.

[147]   Mr Peter van Vliet, Director, Federation of Ethnic Communities Councils of Australia, Transcript of Evidence, 24 October 2008, p. 20.

[148]   Federation of Ethnic Community Councils of Australia, Submission No. 50, p. 7.

[149]   Association of Professional Engineers, Scientist, Managers, Australia, Submission No. 121, p. 32 citing Thornwaite L, 2002, Work family balance: international research on employee preferences Working Paper 79 from the Working Time Today Conference 16 August 2002, ACIRRT, University of Sydney at <http://www.wrc.org.au/documents/WP79.pdf>.

[150]   Australian Capital Territory Government, Submission No. 92, p. 6.

[151]   Kingsford Legal Centre, Submission No. 142, p. 3.

[152]   Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 41.

[153]   Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 42.

[154]   Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 42.

[155]   Working Women’s Centres, Submission No. 119, p. 10.

[156]   Name Withheld, Submission 1, p. 1.

[157]   Tourism NT, Submission 25, p. 2. Miscellaneous leave includes parental leave, jury duty and leave without pay.

[158]   Name Withheld, Submission No. 1, p. 1; National Council of Women of Australia, Submission No. 37, p. 6; Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 2; Fuji Xerox Australia, Submission No. 79, p. 6; National Council of Jewish Women of Australia Ltd, Submission No. 81, p. 4; Pharmacy Guild of Australia, Submission No. 127, p. 6.

[159]   Griffith Hack, Submission No. 16, p. 2; Security for Women, Submission No. 17, pp. 3, 5; Australian Bureau of Statistics (2007) Australian Social Trends 2007. Labour Force Participation: an international Comparison. ABS Cat. No. 4102.0; see also National Council of Women of Australia, Submission No. 37, p. 6.

[160]   Department of Education, Employment and Workplace Relations, Submission No. 58.3, p. 4.

[161]   Department of Education, Employment and Workplace Relations, Submission No. 58.3, p. 4.

[162]   Australian Bureau of Statistics, Submission No. 132, p. 21.

[163]   Ms Donna Frater, Chair, Women in Mining Network, Australasian Institute of Mining and Metallurgy, Transcript of Evidence, 2 April 2009, p. 65.

[164]   BPW Australia, Submission No. 117, p. 3.

[165]   Australian Institute of Mining and Metallurgy, Submission No. 139.

[166]   Commissioner Susan Booth, Anti-Discrimination Commission Queensland, Transcript of Evidence, 31 March 2009, p. 79.

[167]   Dr Elisa Hill, Senior Research Officer, Howard Florey Institute, Transcript of Evidence, 3 April 2009, p. 40.

[168]   Ms Susan Booth, Commissioner, Anti-Discrimination Commission Queensland, Transcript of Evidence, 31 March 2009, p. 81; see also Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 5.

[169]   Commissioner Susan Booth, Anti-Discrimination Commission Queensland, Transcript of Evidence, 31 March 2009, p. 81.

[170]   Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 16; Associate Professor Siobhan Austen, Submission No. 126, p. 7.

[171]   Associate Professor Siobhan Austen, Transcript of Evidence, 5 November 2008, p. 16; Associate Professor Siobhan Austen, Submission No. 126, p. 7.

[172]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[173]   Dr Sara Charlesworth, Research Fellow, Centre for Applied Social Research, Transcript of Evidence, 2 April 2002, p. 24.

[174]   Ms Sue Taylor, Director, Labour Market Statistics Section, Australian Bureau of Statistics, Transcript of Evidence, 13 November 2009, p. 15.

[175]   Ms Samira Douglas, Chief Executive Officer, WIRE - Women’s Information Centre, Transcript of Evidence, 2 April 2009, p. 87.

[176]   Pharmacy Guild of Australia, Supplementary Submission No 127.1, p. 1.

[177]   National Foundation for Australian Women, Home Alone, Media Release, November 2008, p. 1; Out of School Hours Care Study, Newspoll survey conducted for NFAW, August 2008, pp. 1-35.

[178]   Ms Samira Douglas, Chief Executive Officer, WIRE - Women’s Information Centre, Transcript of Evidence, 2 April 2009, p. 86.

[179]   Ms Samira Douglas, Chief Executive Officer, WIRE - Women’s Information Centre, Transcript of Evidence, 2 April 2009, p. 89.

[180]   Security for Women, Submission No. 17, pp. 2-3.

[181]   Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 2.

[182]   Security for Women, Submission No. 17, p. 5 citing Australian Bureau of Statistics (2007) Barriers and Incentives to Labour Force Participation, Australia, July 2006 to June 2007 ABS Cat No. 6239.0.

[183]   Security for Women, Submission No. 17, p. 1.

[184]   Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, pp. 3-4.

[185]   Security for Women, Submission No. 17, p. 2; see also National Foundation for Australian Women, Submission No. 94, p. 8.

[186]   Women Into Politics Inc, Submission No. 49, p. 1.

[187]   Brisbane City Council, Submission No. 23, p. 4.

[188]   Brisbane City Council, Submission No. 23, p. 4.

[189]   Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 51.

[190]   Security for Women, Submission No. 17, p. 7.

[191]   Security for Women, Submission No. 17, p. 15.

[192]   Security for Women, Submission No. 17, p. 7; Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 2.

[193]   Security for Women, Submission No. 17, pp. 7-8.

[194]   Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 2.

[195]   Security for Women, Submission No. 17, p. 8.

[196]   Security for Women, Submission No. 17, p. 15.

[197]   Human Rights and Equal Opportunity Commission, 2007, It’s About Time: Women, Men, Work and Family’, Recommendation 36, p. 165.

[198]   Human Rights and Equal Opportunity Commission, 2007, It’s About Time: Women, Men, Work and Family Final Paper, Recommendation 36, p. 165.

[199]   Name Withheld, Submission No. 1, p. 2.

[200]   National Council of Women of Australia, Submission No. 37, p. 4.

[201]   Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 3.

[202]   See Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 7.

[203]   Ms Marie Coleman, Chair, Social Policy Committee, National Foundation for Australian Women, Transcript of Evidence, 27 November 2008, p. 10.

[204]   National Council of Women of Australia, Submission No. 37, p. 8.

[205]   Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 42.

[206]   New South Wales Office for Women’s Policy, Submission No. 153, p. 17.

[207]   Ms Susan Heron, Chief Executive Officer, Australian Institute of Management, Victoria and Tasmania, Transcript of Evidence, 4 December 2008, p. 1.

[208]   Ms Anna McPhee, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 26 September 2008, p. 28.

[209]   Tourism Alliance Victoria, Submission No. 129, p. 2.

[210]   Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 80.

[211]   Equal Opportunity for Women in the Workplace Agency, Generation F: Attract, Engage, Retain, 2008, Australian Government, p. 20.

[212]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 43 citing Charlesworth S and Whittenbury K, 2007, ‘Part-time and Part-committed’?: The Challenges of Part-time Work in Policing’, The Journal of Industrial Relations, 49(1), pp. 31-47; Todd P, Binns J, and Eveline J, 2007, ‘Work/Life Balance: It’s now management’s problem?’ Paper presented to 5th Gender, Work and Organization Conference, Keele University, UK June 22-24.

[213]   Brisbane City Council, Submission No. 23, p. 3.

[214]   Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. xx.

[215]   Warringah Council, Submission No. 28, pp. 1-2.

[216]   Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 44.

[217]   Ms Marcia Kuhne, Director, Workplace Relations Policy, Chamber of Commerce Western Australia, Transcript of Evidence, 5 November 2008, p. 45.

[218]   Equal Opportunity Commission of Western Australia, Submission No. 131, pp. 12- 13 citing Todd T and Eveline J, 2004, Report on the review of the gender pay gap in Western Australia, p. 40.

[219]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 38.

[220]   University of Western Sydney, Submission No. 86, p. 4.

[221]   Diversity Council Australia, Submission No. 110, p. 8.

[222]   Dr Christine Short, Submission No. 128, p. 2.

[223]   Mr Tony Goode, Director, Workforce and Organisational Services, Local Government Association of Queensland, Transcript of Evidence, 31 March 2009, p. 45.

[224]   Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Submission No. 138, p. 4.

[225]   New South Wales Office for Women’s Policy, Submission No. 153, p. 32.

[226]   New South Wales Office for Women’s Policy, Submission No. 153, p. 32.

[227]   New South Wales Office for Women’s Policy, Submission No. 153, p. 32.

[228]   New South Wales Office for Women’s Policy, Submission No. 153, p. 6.

[229]   Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 45.

[230]   Queensland Government, Submission No. 135, p. 18.

[231]   Cooklin A, Fisher J and Rowe H, 2007, ‘Employee entitlements during pregnancy and maternal psychological well-being’, Australian and New Zealand Journal of Obstetrics and Gynaecology, 47: 483-490 cited in Australian Catholic Bishops Conference, Submission No. 64, p. 4.

[232]   New South Wales Office for Women’s Policy, Submission No. 153, p. 13.

[233]   University of Western Sydney, Submission No. 86, p. 4.

[234]   Ms Geraldine Kearney, Federal Secretary, Australian Nursing Federation, Transcript of Evidence, 24 October 2008, p. 26; Mr Nicholas Blake, Federal Industrial Officer, Australian Nursing Federation, Transcript of Evidence, 24 October 2008, p. 26.

[235]   National Tertiary Education Industry Union, Submission No. 98, p. 8.

[236]   Policing and Quality Part-time Work: Constraints and Options, Final Project Report: December 2007, RMIT University, p. 53.

[237]   National Tertiary Education Industry Union, Submission No. 98, p. 8 citing Probert B, Ewer P and Whiting K, 1998, Gender Pay Equity In Australian Higher Education; HREOC, 2002, Valuing Parenthood: Options for Paid Maternity Leave, Strachan G, Whitehouse G, Peetz D, Bailey J and Broadbent K, 2008, Gender Equity in Universities: Should we be worried? Paper presented to AIRAANZ Conference, Melbourne, February 2008; Bailyn L, 2003, ‘Academic Careers and Gender equity: Lessons learnt from MIT’, Gender Work and Organisation 10(2): 137-153; Leahy and Doughney, 2006, Women Work and preference formation and Paid Employment in G Schmid et al (eds) International Handbook of Labour Market Policy and Evaluation, Edward Elgar, Cheltenham, UK, pp. 348-378.

[238]   Government Skills Australia, Submission No. 4, pp. 1-2.

[239]   National Framework for Women in Local Government – The Way Forward.

[240]   Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 9.

[241]   Business Victoria at https://business.vic.gov.au/BUSVIC/STANDARD//pc=pc=PC_ 61636.html

[242]   Honda Australia Motorcycle & Power Equipment Pty Ltd, Submission No. 5, p. 2.

[243]   Ms Dorothy Hisgrove, Head, people and Change, National Australia Bank, Transcript of Evidence, 2 April 2009, p. 96.

[244]   Mackay Sugar Limited, Submission No. 21, p. 3.

[245]   Dr Thomas Karmel, Managing Director, National Centre for Vocational Education Research, Transcript of Evidence, 6 November 2008, p. 32

[246]   Ms Maidie Brockman, Member, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 7.

[247]   Ms Maidie Brockman, Member, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 14.

[248]   Ms Maidie Brockman, Member, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 14.

[249]   BPW Australia, Submission No. 117, p. 3.

[250]   Morgan Stanley, Submission No. 95, p. 2.

[251]   Sims Group, Submission No. 46, p. 2.

[252]   Sims Group, Submission No. 46, p. 2.

[253]   City of Melbourne, Submission No. 11, p. 1.

[254]   City of Melbourne, Submission No. 11, p. 1.

[255]   CQUniversity Australia, Submission No. 19, pp. 1-2.

[256]   CQUniversity Australia, Submission No. 19, p. 3.

[257]   Ventura Bus Lines/National Bus Company, Submission No. 30, p. 1.

[258]   Ms Boyd, Organiser, Queensland Branch, Liquor, Hospitality and Miscellaneous Union, Transcript of Evidence, 31 March 2009, p. 16.

[259]   The National Pay Equity Coalition and the Women’s Electoral Lobby Australia Inc, Submission No. 118, p. 18 citing Grimshaw D and Rubery J, 2007, Undervaluing women’s work, European Work and Employment Research Centre, University of Manchester, Equal Opportunities Commission, Working paper Series No. 53, p. 121.

[260]   Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 14.

[261]   Chamber of Commerce and Industry of Western Australia, Submission No. 72, p. 15.

Chapter 11 Cultural dimensions

[1]       Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 5.

[2]       Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 4.

[3]       Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 37; Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 57; Victorian Government, Submission No. 136, p. 30.

[4]       Victorian Government, Submission No. 136, p. 30.

[5]       Diversity Council Australia, Submission No. 110, p. 11.

[6]       Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 27.

[7]       Miss Sophie Ismail, Industrial Officer, Queensland and Northern Territory Branch, Independent Education Union of Australia, Transcript of Evidence, 31 March 2009, p. 25.

[8]       Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 33.

[9]       Hilary M Lips, Blaming Women’s Choices for the Gender Pay Gap, Radford University, available at <http://www.womensmedia.com/money/178-blaming-womens-choices-for-the-gender-pay-gap.html>, viewed 1 October 2009.

[10]     Union Research Centre on Organisation and Technology, Our sons, our daughters, Their very different futures, April 2009, Exhibit 76.

[11]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 17; see also National Foundation for Australian Women, Submission No. 94, p. 7.

[12]     Australian Education Union, Submission No. 76, p. 22.

[13]     Northparkes Mines, Submission No. 10, p. 2.

[14]     Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 9.

[15]     National Foundation for Australian Women, Submission No. 94, p. 15.

[16]     Ms Maidie Brockman, Member, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 9.

[17]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 22.

[18]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 4.

[19]     Mr John Sutton, National Secretary, Construction, Forestry, Mining and Energy Union, Transcript of Evidence, 1 April 2009, p. 34.

[20]     Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 46.

[21]     Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 3.

[22]     Ms Shirley Southgate, Principal Solicitor, Kingsford Legal Centre, Transcript of Evidence, 1 April 2009, p. 46.

[23]     Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 9.

[24]     Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 11.

[25]     Turner-Zeller K and Butler E, 2007, Lifelong learning: Work related education and training: Meeting the needs of Australian Women at < http://www.wave.org.au/images/documents/ lifelonglearningaug07_s4w.pdf > cited in Australian Education Union, Submission No. 76, p. 22.

[26]     National Council of Jewish Women of Australia Ltd, Submission No. 81, p. 5.

[27]     University of Western Sydney, Submission No. 86, p. 3.

[28]     Ms Robyn Dale, Director, Union Research Centre on Organisation and Technology, Transcript of Evidence, 3 April 2009, p. 23.

[29]     Turner-Zeller K and Butler E, 2007, Lifelong Learning and Work Related Education and Training for Women returning to work and retraining, Security 4Women, p. ii.

[30]     National Council of Jewish Women of Australia Ltd, Submission No. 81, p. 5.

[31]     Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 3.

[32]     Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 4.

[33]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 11.

[34]     Dr Patricia Todd, Senior Lecturer, Industrial Relations and Human Resources and Co-Director, Consortium for Diversity at Work, Business School, University of Western Australia, Transcript of Evidence, 5 November 2008, p. 58.

[35]     Victorian Women’s Trust, Submission No. 123, p. 6 citing the pay equity audits conducted by Industrial Relations Victoria and an outcome of work and family focus groups conducted for IRV and IRV pay equity program.

[36]     Working Women’s Centres, Submission No. 119, p. 3.

[37]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 39.

[38]     City of Whitehorse, Submission No. 89, p. 4.

[39]     Ms Robyn Dale, Director, Union Research Centre on Organisation and Technology, Transcript of Evidence, 3 April 2009, p. 24.

[40]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 16.

[41]     Ms Yvonne Henderson, Commissioner for Equal Opportunity, Western Australia, Transcript of Evidence, 5 November 2008, pp. 76-77.

[42]     Master Builders Association, Submission No. 93, p. 6.

[43]     Shire of York, Submission No.7, p. 2

[44]     Northparkes Mines, Submission No. 10, p. 2.

[45]     Group Training Australia, Submission No. 45, p. 9.

[46]     Group Training Australia, Submission No. 45, p. 18.

[47]     Western Australian Local Government Association, Submission No. 40, p. 5.

[48]     Group Training Australia, Submission No. 45, p. 19.

[49]     Australian Council of Trade Unions (ACTU) and Joint State Union Peak Councils, Submission No. 125, p. 29.

[50]     Equal Employment Opportunity Network of Australasia, Submission No. 85, p. 3.

[51]     Tasmanian Chamber of Commerce and Industry, Submission No. 87, p. 3.

[52]     Epping Club, Submission No. 12, p. 1.

[53]     Dr Christine Short, Submission No. 128, p. 1.

[54]     Mr Rodney Masson, National Director, Finance Sector Union of Australia, Transcript of Evidence, 3 April 2009, p. 30.

[55]     Ms Philippa Hall, Director, Pay and Employment Equity Unit, Department of Labour, New Zealand, Transcript of Evidence, 13 August 2009, p. 11.

[56]     Diversity Council Australia, Submission No. 110, p. 10.

[57]     Mrs Sandra Cook, Director of Policy, Business and Professional Women Australia, Transcript of Evidence, 5 November 2008, p. 3.

[58]     For example, ETSA Utilities, Submission No. 67, p. 1-3.

[59]     Rio Tinto, Submission No. 62, p. 3.

[60]     Rio Tinto, Submission No. 62, p. 6.

[61]     Jones Lang LaSalle (NSW) Pty Ltd, Submission No. 69, p. 1.

[62]     Australian Education Union, Submission No. 76, p. 21.

[63]     EOWA web-site. Available at: <http://www.eowa.gov.au/Australian_Women_In_Leadership_Census/About_Equal_Opportunity/Why_EO_Makes_Business_Sense.asp>, viewed 1 October 2009.

[64]     Victorian Women’s Trust, Submission No. 123, p. 7.

[65]     Victorian Women’s Trust, Submission No. 123, p. 7.

[66]     Ms Nareen Young, Executive Director, Diversity Council Australia Ltd, Transcript of Evidence, 26 September 2008, p. 41.

[67]     Business and Professional Women Australia, Submission No. 117, p. 2.

[68]     Burwood Council, Submission No. 73, pp. 1-2.

[69]     ACT Council of Social Services, Submission No. 54, p. 4.

[70]     Independent Education Union of Australia, Submission No. 100, p. 6.

[71]     Mr Steven Ross, Industrial Officer, Queensland Nurses Union, Transcript of Evidence, 31 March 2009, p. 57.

[72]     Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 44.

[73]     Dr Christine Short, Transcript of Evidence, 19 March 2009, p. 3.

[74]     ACT Council of Social Services, Submission No. 54, p. 5.

[75]     Community and Public Sector Union, Supplementary Submission No. 13.1, p. 22.

[76]     Department of Consumer and Employment Protection, Government of Western Australia, Submission No. 134, p. 46 citing Nader C, 2008, ‘Lives in the Balance’, The Age, July 26, p. 4 quoting Melbourne Institute Deputy Director Professor Mark Wooden.

[77]     Association of Professional Engineers, Scientist, Managers, Australia, Submission No. 121, p. 33.

[78]     Chevalier College, Submission No. 82, p. 1.

[79]     Diversity Council Australia, Submission No. 110, pp. 8-9 citing New South Wales Office of Industrial Relations (2004). Why is there a gap between men’s and women’s earnings? Available at: <http://www.workandfamily.nsw.gov.au/payequity/gap.html>.

[80]     Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 9.

[81]     City of Whitehorse, Submission No. 89, p. 2.

[82]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 10.

[83]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. 87.

[84]     Ms Marilyn Beaumont, Executive Director, Women’s Health Victoria, Transcript of Evidence, 2 April 2009, p. 42.

[85]     Commissioner Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Transcript of Evidence, 1 April 2009, p. 10.

[86]     Equal Opportunity for Women in the Workplace Agency, Submission No. 113, p. 22.

[87]     Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. xx.

[88]     Centre for Work + Life, 2007, Women and WorkChoices, Impacts on the Low Pay Sector, August 2007, p. 15.

[89]     Ms Linda Bennett, Women’s Policy Officer, Victorian Local Government Association, Transcript of Evidence, 24 October 2008, p. 4, citing a statement by Indira Patel of the British Women’s National Commission from a 2002 visit to Victoria.

[90]     World Economic Forum, 2008, The Global Gender Gap Report 2008, p.37.

[91]     World Economic Forum, 2008, The Global Gender Gap Report 2008, p. 43.

[92]     Plibersek, T (Minister for the Status of Women), speech, 2009 Australian Women’s Leadership Symposium, Canberra, 17 June 2009.

[93]     Equal Opportunity for Women in the Workplace Agency, 2008 EOWA Australian Census of Women in Leadership, Women’s glacial progress melts away, media release, Sydney, 28 October 2008.

[94]     Equal Opportunity for Women in the Workplace Agency, Women directors may punch above their weight but women execs are on the ropes: EOWA Report, media release, Sydney, 17 June 2009.

[95]     Women Into Politics Inc, Submission No. 49, pp. 4-5.

[96]     Ms Linda Bennett, Women’s Policy Officer, Victorian Local Government Association, Transcript of Evidence, 24 October 2008, p. 5.

[97]     Ms Samantha Stanton, Team Leader, Human Resources Counselling, City of Melbourne, Transcript of Evidence, 24 October 2008, p. 6.

[98]     Mr Howard Oorloff, Manager, Organisation Development Department, City of Greater Geelong, Transcript of Evidence, 24 October 2008, p. 3.

[99]     Rio Tinto, Submission No. 62, p. 5.

[100]   Rio Tinto, Submission No. 62, p. 6.

[101]   Hon. Tony Burke, (Minister for Agriculture, Fisheries and Forestry), transcript of speech, Rural Women’s Summit, Canberra, 27 June 2008. Transcript at <http://www.maff.gov.au/transcripts/transcripts/2008/june_2008/rural_womens_summit>, viewed 30 September 2009.

[102]   World Economic Forum, Global Gender Gap Report 2008, 2008, p.22, citing Catalyst, The Bottom Line: Connecting Corporate Performance and Gender Diversity, 2004.

[103]   Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 7.

[104]   Ms Mairi Steele, Director, Equal Opportunity for Women in the Workplace Agency, Transcript of Evidence, 20 August 2009, p. 7.

[105]   University of Western Sydney, Submission No. 86, p. 3.

[106]   Shire of York, Submission No.7, p. 1.

[107]   Shire of York, Submission No.7, pp. 1-2.

[108]   Diversity Council Australia, Submission No. 110, p. 12.

[109]   Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 4.

[110]   Commissioner Glenys Fisher, Queensland Industrial Relations Commission, Transcript of Evidence, 31 March 2009, p. 6.

[111]   Work and Family Policy Roundtable, Submission No. 143, p. 11.

[112]   Australian Education Union, Submission No. 76, p. 22.

[113]   Human Rights and Equal Opportunity Commission (2008) Gender equality: What matters to Australian women and men, the Listening Tour Community Report, p. 4.

[114]   Mr Joshua Healy, Research Assistant, National Institute of Labour Studies, Flinders University, Transcript of Evidence, 6 November 2008, p. 20.

[115]   Human Rights and Equal Opportunity Commission, 2007 It’s About Time Women, men, work and family Final Paper 2007, p. xiv.

[116]   National Council of Women of Australia, Submission No. 37, p. 6.

[117]   Ms Jenness Gardner, Manager, Pay Equity Unit, Department of Commerce, Western Australian Government, Transcript of Evidence, 26 February 2009, p. 4.

[118]   Ms Sandra Dann, Director, Working Women’s Centre South Australia, Transcript of Evidence, 6 November 2008, p. 37.

[119]   Victorian Government, Submission No. 136, p. 8.

[120]   Ms Emma Ritch, Manager, Close the Gap, Transcript of Evidence, 11 August 2009, p. 10.

[121]   Dr Christine Short, Submission No. 128, p. 1.

Minority Report

[1]       Minister for Employment & Workplace Relations, Fair Work Bill 2008, Second Reading Speech, 25^th November 2008, House of Representatives Hansard, 11190

[2]       Minister for Employment & Workplace Relations, Fair Work Bill 2008, Second Reading Speech, 25^th November 2008, House of Representatives Hansard, 11189

[3]       Minister for Employment & Workplace Relations, Fair Work Bill 2008, Second Reading Speech, 25^th November 2008, House of Representatives Hansard, 11193

[4]       Minister for Employment & Workplace Relations, Doorstop Interview, South Melbourne, 9^th November 2009

[5]       “ASU wins government backing for "historic" first pay equity bid” Workplace Express, 4^th November 2009

[6]       Minister for Employment & Workplace Relations, Doorstop Interview, South Melbourne, 9^th November 2009

[7]       Minister for Employment & Workplace Relations, Joint Press Conference, Newcastle, 29^th September 2008

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