Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_354
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 354
Character Range: 126157–127141

354  After subsection 302(3)
Insert:

Gender equity considerations
 (3A) For the purposes of this Act, in deciding whether there is equal remuneration for work of equal or comparable value, the FWC may take into account:
 (a) comparisons within and between occupations and industries to establish whether the work has been undervalued on the basis of gender; or
 (b) whether historically the work has been undervalued on the basis of gender; or
 (c) any fair work instrument or State industrial instrument.
 (3B) If the FWC takes into account a comparison for the purposes of paragraph (3A)(a), the comparison:
 (a) is not limited to similar work; and
 (b) does not need to be a comparison with an historically male‑dominated occupation or industry.
 (3C) If the FWC takes into account a matter referred to in paragraph (3A)(a) or (b), the FWC is not required to find discrimination on the basis of gender to establish the work has been undervalued as referred to in that paragraph.