Have the equal remuneration provisions been utilised?
The equal remuneration provisions were introduced in 1993.[98] The provisions were introduced into the Industrial Relations Act 1988 (Cth) and have been substantially reproduced in the Workplace Relations Act with some amendments. • Since the introduction of the provisions, the AIRC has not issued any equal remuneration orders. Only one case has proceeded to final arbitration. This involved an unsuccessful claim by the Australian Manufacturing Workers Union for equal remuneration orders at HPM Industries (‘the HPM proceedings’).[99] The Commission intervened in that case. • The underutilisation of the equal remuneration provisions is a result of both the terms of the legislation and its interpretation. • The principal deficiency concerns the reference to discrimination in the equal remuneration provisions, and in turn the AIRC’s interpretation of the provisions. • In the HPM proceedings, the AIRC introduced a threshold test of discrimination which required applicants to demonstrate tha
