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.