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Industrial Relations Act 2016
sec.248Requirements for commission—ensuring modern award provides for equal remuneration
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### sec.248 Requirements for commission—ensuring modern award provides for equal remuneration
The commission must be satisfied—
the work to which the award relates is appropriately valued; and
the award provides for equal remuneration for work of equal or comparable value.
For subsection (1) (a) , the commission must assess the current value of the work that is the subject of the modern award, having regard to—
the nature of the work, skill and responsibility required; and
the conditions under which the work is performed; and
any other matters the commission considers relevant.
The assessment of the current value of the work must be free of assumptions based on gender.
For subsection (1) (b) —
comparisons within and between occupations and industries—
may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and
are not restricted to similar work; and
discrimination on the basis of gender is not necessary to establish the work has been undervalued; and
the commission must consider previous valuations of the work and whether historically the work has been undervalued; and
the commission may have regard to other industrial instruments or federal industrial instruments.
(sec.248-ssec.1) The commission must be satisfied— the work to which the award relates is appropriately valued; and the award provides for equal remuneration for work of equal or comparable value.
(sec.248-ssec.2) For subsection (1) (a) , the commission must assess the current value of the work that is the subject of the modern award, having regard to— the nature of the work, skill and responsibility required; and the conditions under which the work is performed; and any other matters the commission considers relevant.
(sec.248-ssec.3) The assessment of the current value of the work must be free of assumptions based on gender.
(sec.248-ssec.4) For subsection (1) (b) — comparisons within and between occupations and industries— may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and are not restricted to similar work; and discrimination on the basis of gender is not necessary to establish the work has been undervalued; and the commission must consider previous valuations of the work and whether historically the work has been undervalued; and the commission may have regard to other industrial instruments or federal industrial instruments.
- (a) the work to which the award relates is appropriately valued; and
- (b) the award provides for equal remuneration for work of equal or comparable value.
- (a) the nature of the work, skill and responsibility required; and
- (b) the conditions under which the work is performed; and
- (c) any other matters the commission considers relevant.
- (a) comparisons within and between occupations and industries— (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and (ii) are not restricted to similar work; and
- (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and
- (ii) are not restricted to similar work; and
- (b) discrimination on the basis of gender is not necessary to establish the work has been undervalued; and
- (c) the commission must consider previous valuations of the work and whether historically the work has been undervalued; and
- (d) the commission may have regard to other industrial instruments or federal industrial instruments.
- (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and
- (ii) are not restricted to similar work; and