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Equal Pay Act 1972  118
Commenced: 20 Oct 1972
6   Implementation of equal pay in awards




   6. Implementation of equal pay in awards---(1) The minimum percentages
 to be determined pursuant to paragraph (c) of subsection (1) of section
 4 of this Act that the rates of remuneration of female employees fixed
 by any award shall bear to the relevant rates of remuneration of male
 employees shall be fixed so as to reduce the differential in those rates
 existing on the day immediately preceding the first increment date by 5
 approximately equal steps, on the first, second, third, fourth, and
 fifth increment dates, respectively, as determined under subsections (2)
 to (4) of this section.

   [(2) The first such increment date shall be---
   (a) In the case of any award the term of which has expired on or after
         the 1st day of April 1973 and before the 1st day of September
         1973---
           (i) If a settlement on such of the provisions of the award as
         implement equal pay has been reached under this Act before the
         1st day of September 1973, the first increment date as
         determined under the provisions of this Act that were in force
         on the 31st day of August 1973:
           (ii) If a settlement on such of the provisions of the award as
         implement equal pay has not been reached under this Act before
         the 1st day of September 1973, the date of expiration of a
         period of 3 months after the expiry of the term of the award or
         the 1st day of October 1973, whichever is the earlier:
   (b) In the case of any award the term of which expired on or after the
         1st day of September 1973 or will expire before the 1st day of
         October 1973---
           (i) If a settlement on such of the provisions of the award as
         implement equal pay is reached before the expiry of the term of
         the award, the day after the date of expiry of that term:
           (ii) If a settlement on such of the provisions of the award as
         implement equal pay is not reached before the expiry of the term
         of the award, the 1st day of October 1973:
   (c) In the case of any other award, the 1st day of October 1973.]

   (3) Where---
   (a) The term of any award has expired before the passing of this Act
         and the award is continuing in force pending the making of a new
         award; or
   (b) The term of any award in force at the passing of this Act will
         expire after the passing of this Act and before the 1st day of
         April 1973,---

 then, for the purposes of subsection (2) of this section, the term of
 that award shall be deemed to expire with the first anniversary of the
 date of the expiry of the term of the award that occurs on or after the
 1st day of April 1973.

   (4) The second, third, and fourth such increment dates shall be---
   (a) In the case of any award specified in paragraph (a) of paragraph
         (b) of subsection (2) of this section, the first, second and
         third anniversaries, respectively, of the day after the date of
         expiry of the term of the award:
   (b) In the case of any award specified in paragraph (c) of subsection
         (2) of this section, the first, second, and third anniversaries,
         respectively, of the date of the first increment.

   (5) The fifth such increment date shall be the first anniversary of
 the fourth increment date or the [1st day of April 1977], whichever is
 the earlier.

   (6) For the purposes of this section---
   (a) Where an award provides for any rate of remuneration to be
         reviewed on a date earlier than the date of expiry of the term
         of the award, the term of the award shall, in relation to that
         remuneration, be deemed to expire on the date provided for that
         review:
   (b) Where an interim increase in remuneration is granted pursuant to
         section 5 of this Act,---
           (i) That interim increase shall be deemed to be the first of
         the 5 steps by which the differential referred to in subsection
         (1) of this section is to be reduced; and
           (ii) The amount of that differential shall be deemed to have
         been reduced by the amount of that interim increase; and
           (iii) The 4 subsequent steps by which that differential is
         required to be reduced shall be so adjusted as to reduce on the
         second, third, fourth, and fifth increment dates, respectively,
         as determined under subsections (2), (4), and (5) of this
         section, the balance of the differential remaining after the
         granting of that interim increase, by 4 approximately equal
         steps.

   (7) Notwithstanding anything in section 4 of this Act or subsection
 (1) of this section,---
   (a) Subject to subsection (6) of this section and to section 10 of
         this Act, the parties to any award, or their representatives,
         may agree upon or fix the annual adjustments in rates of
         remuneration for female employees required to be made by the
         said subsection (1) otherwise than on the basis of minimum
         percentages:
   (b) Nothing in the foregoing provisions of this section shall restrict
         the rights of the parties to any award to agree upon or fix
         before the [1st day of April 1977] rates of remuneration that
         represent equal pay:

   Provided that unless the parties have agreed on an earlier date of
 payment or on payment of an increased percentage, the [Court] shall not
 make an award providing for payment of any increment in respect of equal
 pay on a date earlier than the appropriate date specified in this
 section or, as the case may be, for payment on any increment date of an
 increment greater than the minimum percentage.

   (8) Every award in force on or after the [1st day of April 1977],
 whether made on or before or after that date, shall provide for equal
 pay.

   [(9) Where---
   (a) The rate of remuneration for any female employee is fixed as a
         percentage of the rate of remuneration for male employees in any
         specified classification; and
   (b) At any time between 2 consecutive increment dates in relation to
         that female employee the rate of remuneration for male employees
         in that classification is increased,---the rate of remuneration
         for that female employee shall be increased, with effect from
         the date on which the increase in remuneration for those male
         employees took effect, by the percentage by which the
         remuneration for those male employees has been increased.]

       Subs. (2) was substituted for the original subs. (2) by s. 4 (1)
     of the Equal Pay Amendment Act 1973.
       In subss. (5), (7), and (8) the words ``1st day of April 1977''
     were substituted for the words ``1st day of April 1978'' by s. 4 (2)
     of the Equal Pay Amendment Act 1973.
       In subs. (7) the word ``Court'' was substituted for the word
     ``Commission'' (as substituted for the word ``Court'' by s. 5 of the
     Equal Pay Amendment Act 1973) by s. 6 (2) of the Industrial
     Relations Amendment Act 1977.
       Subs. (9) was added, as from the commencement of this Act, by s. 4
     (1) of the Equal Pay Amendment Act 1976. See s. 4 (2) of that Act.
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