Equal Pay Act 1972
Commenced: 20 Oct 1972
New classification of work
8. New classification of work---(1) If at any time on or after the 1st
day of April 1973 but before the [1st day of April 1977] separate
provision is made in any instrument fixing the rate of remuneration
payable to female employees in respect of any work or class of work not
previously provided for in the instrument or, as the case may be, in any
instrument that it replaces, or an instrument making provision for the
remuneration of female employees only fixes the remuneration payable to
those employees in respect of such work, the parties to the instrument,
or, as the case may be, the appropriate authority, shall fix a rate of
remuneration for that work or class of work at a rate that equals as
near as possible the rate of remuneration that would have been fixed for
that work or class of work in accordance with sections 3 to 6 of this
Act, or, as the case may be, sections 3 to 5 and section 7 of this Act,
if it had been performed by female employees on the 1st day of April
(2) For the purposes of subsection (1) of this section, the parties to
the instrument or, as the case may be, the appropriate authority, shall
make the determinations specified in subsection (1) of section 4 of this
Act as if the instrument had come into force before the 1st day of April
(3) If the parties are unable to agree upon the rate of remuneration
to be fixed by that instrument or, as the case may be, by the
appropriate authority, any party to the instrument, or, as the case may
be, that authority, or an Inspector, may apply to the [Court] to fix
that rate, and the [Court] shall fix the rate of that remuneration.
In subs. (1) the words in square brackets were substituted for the
words ``1st day of April 1978'' by s. 4 (3) of the Equal Pay
Amendment Act 1973.
In subs. (3), in 2 places, 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.