FAIR WORK ACT 1994 - SCHEDULE 6
FAIR WORK ACT 1994 - SCHEDULE 6
Schedule 6—Equal Remuneration Convention
CONVENTION CONCERNING EQUAL
REMUNERATION FOR MEN AND WOMEN WORKERS FOR WORK OF EQUAL VALUE
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Thirty-fourth Session on 6 June 1951, and
Having decided upon the adoption of certain proposals with regard to the
principle of equal remuneration for men and women workers for work of equal
value, which is the seventh item on the agenda of the session, and
Having determined that these proposals shall take the form of an International
Convention,
adopts this twenty-ninth day of June of the year one thousand nine hundred and
fifty-one the following Convention, which may be cited as the Equal
Remuneration Convention, 1951:
Article 1
For the purpose of this Convention—
(a) the term "
remuneration " includes the ordinary, basic or minimum wage or salary and any
additional emoluments whatsoever payable directly or indirectly, whether in
cash or in kind, by the employer to the worker and arising out of the worker's
employment;
(b) the term " equal
remuneration for men and women workers for work of equal value " refers to
rates of remuneration established without discrimination based on sex.
Article 2
1. Each Member shall,
by means appropriate to the methods in operation for determining rates of
remuneration, promote and, in so far as is consistent with such methods,
ensure the application to all workers of the principle of equal remuneration
for men and women workers for work of equal value.
2. This principle may
be applied by means of—
(a) national laws or
regulations;
(b) legally
established or recognised machinery for wage determination;
(c) collective
agreements between employers and workers; or
(d) a combination of
these various means.
Article 3
1. Where such action
will assist in giving effect to the provisions of this Convention measures
shall be taken to promote objective appraisal of jobs on the basis of the work
to be performed.
2. The methods to be
followed in this appraisal may be decided upon by the authorities responsible
for the determination of rates of remuneration, or, where such rates are
determined by collective agreements, by the parties thereto.
3. Differential rates
between workers which correspond, without regard to sex, to differences, as
determined by such objective appraisal, in the work to be performed shall not
be considered as being contrary to the principle of equal remuneration for men
and women workers for work of equal value.
Article 4
Each member shall cooperate as appropriate with the employers' and workers'
organisations concerned for the purpose of giving effect to the provisions of
this Convention.
Article 5
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 6
1. This Convention
shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the
Director-General.
2. It shall come into
force twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member twelve months after the date
on which its ratification has been registered.
Article 7
1. Declarations
communicated to the Director-General of the International Labour Office in
accordance with paragraph 2 of Article 35 of the Constitution of the
International Labour Organisation shall indicate—
(a) the territories in
respect of which the Member concerned undertakes that the provisions of the
Convention shall be applied without modification;
(b) the territories in
respect of which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
(c) the territories in
respect of which the Convention is inapplicable and in such cases the grounds
on which it is inapplicable;
(d) the territories in
respect of which it reserves its decisions pending further consideration of
the position.
2. The undertakings
referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall
be deemed to be an integral part of the ratification and shall have the force
of ratification.
3. Any Member may at
any time by a subsequent declaration cancel in whole or in part any
reservation made in its original declaration in virtue of subparagraphs (b) ,
(c) or (d) of paragraph 1 of this Article.
4. Any Member may, at
any time at which the Convention is subject to denunciation in accordance with
the provisions of Article 9, communicate to the Director-General a declaration
modifying in any other respect the terms of any former declaration and stating
the present position in respect of such territories as it may specify.
Article 8
1. Declarations
communicated to the Director-General of the International Labour Office in
accordance with paragraphs 4 or 5 of Article 35 of the Constitution of the
International Labour Organisation shall indicate whether the provisions of the
Convention will be applied in the territory concerned without modification or
subject to modifications; when the declaration indicates that the provisions
of the Convention will be applied subject to modifications, it shall give
details of the said modifications.
2. The Member, Members
or international authority concerned may at any time by a subsequent
declaration renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.
3. The Member, Members
or international authority concerned may, at any time at which this Convention
is subject to denunciation in accordance with the provisions of
Article 9, communicate to the Director-General a declaration modifying in
any other respect the terms of any former declaration and stating the present
position in respect of the application of the Convention.
Article 9
1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year after the
date on which it is registered.
2. Each Member which
has ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for this Article, will be bound
for another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for in
this Article.
Article 10
1. The
Director-General of the International Labour Office shall notify all Members
of the International Labour Organisation of the registration of all
ratifications, declarations and denunciations communicated to him by the
Members of the Organisation.
2. When notifying the
Members of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come
into force.
Article 11
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations full particulars of all
ratifications, declarations and acts of denunciation registered by him in
accordance with the provisions of the preceding articles.
Article 12
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report
on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole
or in part.
Article 13
1. Should the
Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides—
(a) the ratification
by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come into
force;
(b) as from the date
when the new revising Convention comes into force this Convention shall cease
to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally
authoritative.
The foregoing is the authentic text of the Convention duly adopted by the
General Conference of the International Labour Organisation during its
Thirty-fourth Session which was held at Geneva and declared closed the
twenty-ninth day of June 1951.
IN FAITH WHEREOF we have appended our signatures this second day of August
1951.