South Australian Business News

Supporting women in business - New gender pay equity and discrimination laws

Grace Forgione
Thursday, March 2nd 2023
Women in business

Did you know that according to the Workplace Gender Equality Scorecard collated by the Australian Government, Women on average earn, $26,596 less than men each year? Men are twice as likely to be in the top earning bracket and women are 1.5 times more likely to be in the lowest. 

New data from the 2022 Australian Bureau of Statistics shows the difference between male and female average weekly full-time earnings in South Australia as $123.70, compared to $263.90 nationally. 

As part of the 2022 Fair Work Legislation Amendment Secure Jobs, Better Pay Bill, there has been a large focus on the Government’s Pay Equity’ agenda and supporting women in business. This focus helps create a culture promoting gender pay fairness and equality. Some of the highlights include:

  • The facilitation of gender pay equity claims
  • The introduction of new expert panels to address gender pay equity in the Care and Community sector
  • Expanded anti-discrimination protections
  • Expanded sexual harassment protections 

Since the commencement of the Fair Work Act in 2009, there have only been two equal remuneration applications filed to the Commission. These reforms are likely to see an increase in claims and investigations being undertaken. 

The Fair Work Act has introduced a new equal remuneration principle to help the commission issue pay increases to workers in low-paid, female-dominated industries. This has resulted in expert panels being formed to review Modern Award minimum wages relating to the Care and Community Sector. 

All reforms allow for more supportive opportunities for employees to access the existing equal remuneration order provisions of the Fair Work Act.

In order to further support Women in business, the reforms have included additional protections for anti-discrimination and sexual harassment. The new anti-discrimination laws make it unlawful for an employer to terminate an employee for breastfeeding, gender identity and intersex status. 

The expansion of sexual harassment provisions has included prohibiting sexual harassment in the workplace, into the Fair Work Act. 

What does this mean for employers? 

There are opportunities to introduce initiatives to improve gender equality for best practice businesses. There is also a greater risk of claims being reported to the Commission. 

Some strategies that can improve culture and support to women in your workplace can include:

  • Provide flexible work arrangements (such as part-time and flexible hours) to encourage more women into the organisation
  • Recognise the value, skills and contribution of women in the workplace
  • Conduct an annual gender pay equity audit to address and eliminate the discrepancies in pay
  • Review overtime and shift arrangements to make sure access is provided equally to male and female employees.

The recent reforms emphasise the importance of supporting women in business and how we can better support working women in 2023. 

Will your organisation embrace the change and make gender equality a reality?

Be part of the change and create a positive and uplifting culture in your organisation. Be prepared to do it right and avoid the risk of claims being reported against your staff.

If you are a member of the South Australian Business Chamber and need advice or help in supporting the reforms or simply want to know more please contact our friendly staff on the Business Advice Hotline by calling (08) 8300 0000 and select option 1. Our expert senior consultants can also help in reviewing policies or provide further expert advice. 

Not a member? No worries. Visit busi​ness​-sa​.com/join

Author

Grace Forgione

Workplace Adviser

Grace Forgione

Workplace Advisor
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