NSW Gender pay equity - NSW

[draziw]

I have a situation. 2 people - a guy and a girl - with the same title doing the same job. The guy has been with the company just less than 1 year longer than the girl. Both have recently had their role titles changed, but previously also had the same title. Their full job descriptions - both before and after the title change - were/are identical.

So, they moved from doing the same job as each other under the same title, to doing a somewhat similar, but in many ways different job, as each other under another title. But they still hold the same new title as each other.

The guy gets paid 44% more than the girl. The girl doesn't know this for certain, but strongly suspects it and has raised it with her line manager and HR, but is getting nowhere. What can the girl do if the company won't address it?

 

[Scruff]

to doing a somewhat similar, but in many ways different job,

If they are doing different work, then different pay rates would be normal. Titles and job descriptions mean nothing when it comes to pay rates if the actual work differs.

 

[sammy01]

44%? not 45%? or 46? but you don't know for sure?
I think you need to either ask the boss or have some evidence to present to the boss and ask for an explanation. Maybe the bloke got a promotion and a pay rise to go with it? but a 44% pay rise is huge?

 

[draziw]

OK, to be clear:

They are doing an identical job now, and they were before.

I know their pay dfferences. She doesn't.

 

[draziw]

If they are doing different work, then different pay rates would be normal. Titles and job descriptions mean nothing when it comes to pay rates if the actual work differs.

Yeah, this wasn't as clear as I intended.

I meant that they new role they are both doing is broadly similar but somewhat different to the old role they were both doing.

It's kind of a separate point altogether that they've had their role changed.

 

[Atticus]

Maybe it has naught to do with gender.... Employees of all genders can get different pay rates these days unless you are being paid under an award or EBA.... Are these people employed under either?

 

[draziw]

Maybe it has naught to do with gender.... Employees of all genders can get different pay rates these days unless you are being paid under an award or EBA.... Are these people employed under either?

No, neither.

They are in professional account management roles. There is no weighting of significance with the accounts they work on. Their portfolios are split purely on hours allocations, and in fact she has a slightly higher allocation.

The gender aspect is only one angle as the girl has, understandably, cited this as significant.

It's more a point to do with the fact the company has got 2 individuals in identical roles, both by title and materially, but is paying them very different salaries.

 

[Rod]

It is discrimination under the Fair Work Act.

 

[Atticus]

t's more a point to do with the fact the company has got 2 individuals in identical roles, both by title and materially, but is paying them very different salaries.

Since they are not employed under a common award or EBA, the wage disparity may be due to one bargaining for a better wage (which is normally confidential)... It may be due to one having a greater level of experience or efficacy in the role & is therefore more valuable to the organisation (at this time)....Perhaps their roles are not absolutely identical after all...

That's just a few factors that may be at play.... I think you would need to be very sure of all the actual facts in order to mount a successful case of alleged discrimination based on gender or otherwise... That said, 44% if correct is an enormous disparity, & if the company isn't helpful I can only recommend she contact fair work Australia & have a chat about what steps can be taken to satisfy her that she is not being unfairly or unlawfully discriminated against

 

[Scruff]

Yeah, this wasn't as clear as I intended.

I meant that they new role they are both doing is broadly similar but somewhat different to the old role they were both doing.

Ah - got it.

I know their pay dfferences. She doesn't.

You need to be very careful here. If you give her any information about how much the male is earning, then depending on how you obtained that information, you could find yourself in a lot of trouble. It would probably be in your best interests to stay out of it.

That said, there could be a lot of things at play here that have nothing to do with gender: age, experience, time at the company, etc. As others have pointed out, he might have negotiated a higher pay based on those and other factors.