Equal remuneration orders

We can issue an equal remuneration order by application or on our initiative.

Who can make an application for an equal remuneration order

An application for an equal remuneration order can be made by:

• an employee who would be affected by the order
• a union representing such an employee, or
• the Sex Discrimination Commissioner.

Equal remuneration orders can only operate from the time they are made onwards. This means we cannot issue an equal remuneration order that would remedy unequal remuneration that has happened in the past.

More information on the different laws and organisations that protect employees from discrimination is available on the Discrimination page.

If you are not sure if an equal remuneration application is right for you, please contact us or seek legal advice. 

Deciding an application

An Expert Panel will be formed to decide whether an equal remuneration order should be issued.

When deciding whether to issue an equal remuneration order, we may consider:

• comparisons within and between occupations and industries to establish whether the work has been undervalued on the basis of gender,
• whether historically the work has been undervalued on the basis of gender, and
• any fair work instrument or State industrial instrument.

An equal remuneration order cannot reduce an employee's remuneration, but can provide remuneration more beneficial to an employee than the remuneration under a modern award or enterprise agreement that applies to the employee.

An employer that contravenes an equal remuneration order can be liable for a penalty.

How can you make an application for an equal remuneration order

Use Form F46A to make an application for an equal remuneration order.

If an employer has been served an F46A

There is no formal response form for equal remuneration matters.  The Commission will contact employers with instructions on the next steps, including any response that may be required, when an equal remuneration order application is made.