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Equal Pay Act 1972  118
Commenced: 20 Oct 1972
8   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
 1973.

   (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
 1973.

   (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.
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