Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Australia

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1974)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1973)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a) of the Convention. Discrimination based on religion. Inherent requirement of the job. State level. Victoria. The Committee notes the Government’s indication in its report that no relevant cases have been dealt with by the judiciary following the amendment to the Equal Opportunity Act 2010 allowing religious bodies and educational institutions to discriminate only against employees or potential employees on the basis of religious belief or activity where conformity with religious beliefs is an inherent (defined as “core, essential or important”) requirement of the job and the discrimination is reasonable and proportionate in the circumstances (sections 82A and 83 A). The Committee encourages the Government to continue monitoring the application of the Equal Opportunity Act in practice and to provide information on any cases where the “inherent requirement” test was successfully used by an employer as well as cases where courts or agencies have rejected an employer’s assertion of the test.

Articles 1 to 3. Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. Referring to its previous comments, the Committee notes the Government’ indication that: (1) the Fair Work Ombudsman (FWO) has developed a dedicated fact sheets for visa holders and migrant workers explaining their workplace rights, and a diversity and discrimination online course, to help employers promote diversity and prevent discrimination in the workplace; and (2) the Australian Human Rights Committee (AHRC) delivered the National Anti-Racism Framework in November 2024, including 63 recommendations for reforms across Australia’s legal, justice, health, education, media and arts sectors as well as workplaces and data collection. The Government states that it is carefully considering the recommendations contained in the Framework. Concerning discrimination complaints, the Government informs that: (1) FWO investigated 2 matters relating to unlawful discrimination on the grounds of race during the period 1 July 2022 to 30 June 2025, finding no violations of the Fair Work Act; (2) in the period July to December 2024, the AHRC received 220 complaints under the Racial Discrimination Act, of which 23 per cent related to employment, and 13 complaints under the Australian Human Rights Commission Act alleging religious discrimination in employment/occupation. The Committee also notes that the UN Working Group of Experts on People of African Descent observed that People of African descent reported being routinely subjected to racial microaggression and humiliation at work. They are confined to fewer employment opportunities and to the lower rungs of the job hierarchy when employed (A/HRC/54/67/Add.2, 6 February 2024, para. 43). The Committee requests updates on the follow-up to the National Anti-Racism Framework, including its employment-related recommendations. It also asks the Government to continue reporting on measures and impacts promoting equal opportunity in employment regardless of race, colour, national extraction or religion, including for migrant workers. Finally, it requests data on the number, nature and outcomes of related discrimination cases handled by labour inspectors, courts and other authorities.

State level. Victoria. Referring to its previous comments on the “RecruitSmarter pilot” (which introduced a de-identification trial within selected organizations to address unconscious bias in the recruitment process), the Government informs that the Report of Findings from the pilot project resulted in a checklist to be used for other projects. The Committee takes due note of the information provided by the Government.

New South Wales. The Committee notes the Government’s information that the Anti-Discrimination Act 1977 (NSW) prohibits discrimination on various grounds, allows exemptions under section 126 to advance substantive equality, and that section 63 of the Government Sector Employment Act 2013 requires agency heads to integrate workforce diversity into workforce planning. It also notes from the 2024 NSW Government Workforce Profile Report an increase in men taking parental leave, both in participation and average paid days (37 days against five days in 2019), while for females this has remained stable. The Committee asks the Government to communicate: (i) examples of section 126 exemptions granted to promote equal opportunity in employment; and (ii) key findings from annual workforce diversity reports, including major strategies and statistics on the representation and distribution of diversity groups.

Equality of opportunity and treatment. Disability. The Committee notes that the Disability Royal Commission issued 222 recommendations in 2023 to strengthen inclusion and protections for persons with disabilities, including reforms to the Disability Discrimination Act 1992, which the Government has accepted for review. It also notes improved labour force participation among people with disabilities. According to 2022 data from the Australian Bureau of Statistics, the labour force participation rate for people aged 15–64 years with disability was 60.5 per cent up from 53.4 per cent in 2018. A similar rate of males and females with disability of working-age were in the labour force at around 60 per cent. As of June 2025, Workforce Australia Services placed 125,275 jobseekers with disability into work (representing 27.9 per cent of all people with disability on Workforce Australia Services); and, as of 31 May 2025, the Disability Employment Services (DES) supported approximately 247,000 people with disability, injury and/or health condition to prepare for, find and keep a job. Additional federal measures include youth mental health employment supports, career pathways initiatives, the Supported Employment Plan, and actions by the FWO and AHRC such as IncludeAbility. The Committee further notes the Fair Work Commission’s updated wage assessment structure for supported employment, with increases phased in until June 2026.

State and territory levels. The Committee notes the information provided about the measures taken at state level to promote equality of opportunity and treatment for persons with disability, including, among others: the positive duty for a person to make reasonable adjustments to accommodate another person’s needs arising from a protected attribute – including disability introduced in the Australian Capital Territory’s Discrimination Act 1991; the Victoria’s Public Sector Disability Employment Action Plan 2018–2025; the South Australia’s Public Sector Disability Employment Strategy and Plan; the Tasmania’s Disability Rights, Inclusion and Safeguarding Bill 2024; the Western Australia’s People with Disability: Action Plan to Improve WA Public Sector Employment Outcomes 2020–2025; the Northen Territory’s Anti-Discrimination Amendment Act 2022, which included in the definition of prohibited discrimination, any discrimination based on the attributes of a person’s disability; and the Queensland’s Disability Plan 2022–2027.

The Committee requests continued information on: (i) federal and state measures promoting equality for persons with disabilities in education, training and employment, particularly regarding working conditions and wages, and their impacts; and (ii) employment statistics disaggregated by sex and by work environment.

Equality of opportunity and treatment between men and women. Sexual harassment. State and Territory levels. The Committee welcomes the various measures adopted at State and Territory levels to prevent and address sexual harassment, including: (1) the Sexual and gender-based harassment at work code of practice, developed by the Australian Capital Territory (ACT) Government to support compliance with the ACT’s Work Health and Safety Regulation 2011 as amended in 2023; (2) the occupational health and safety regulations that will be introduced in Victoria by the end of 2025 creating specific obligations for Victorian employers to identify and control psychosocial hazards in their workplaces, such as bullying, sexual harassment, occupational aggression or violence and exposure to traumatic events; and (3) the Industrial Relations Legislation Amendment Act 2024 (WA) (IRLA Act 2024) in Western Australia which introduced new provisions in the Industrial Relations Act 1979 (WA) (IR Act) relating to sexual harassment, including a new express prohibition on sexual harassment (sec. 51BR), along with additional avenues for workers to seek orders and compensation where they have been sexually harassed in connection with work, such as with the Western Australian Industrial Relations Commission and the Industrial Magistrates Court. The Committee requests the Government to continue providing information on the relevant measures and initiatives taken at State and Territory levels to address sexual harassment.

Occupational segregation. The Committee notes the Government’s indication that in June 2025, the employment participation rate for males was 71.0 per cent, and a near record high of 63.2 per cent for females. Occupation groups that were male-dominated included Machinery Operators and Drivers (85.8 per cent of total employment in this group), Technicians and Trades Workers (83.3 per cent) and Labourers (65.2 per cent). Occupation groups with the highest proportions of female employment were Clerical and Administrative Workers (71.8 per cent of total employment in this group), Community and Personal Service Workers (68.2 per cent) and Sales Workers (59.0 per cent). The Government highlights that, since private sector reporting to the Workplace Gender Equality Agency commenced in 2013–14, there have been notable shifts in the composition of the Australian workforce, with the proportion of the workforce that works in men-dominated industries decreasing by 11 percentage points, and a larger proportion of the workforce working in gender balanced and women-dominated industries. However, at the industry level, the representation of women and men in each industry has generally remained the same over time, although the proportion of women in some traditionally men-dominated industries has increased, such as in Construction and Mining. Moreover, gender segregation by employment status has remained generally unchanged since 2013–14: women are more likely to be employed in part-time and casual positions and less likely to be employed full-time when compared to men. The Committee notes the information provided by the Government on the steps taken to promote equality of opportunity and treatment between men and women and address occupational gender segregation. It notes in particular: (1) the Building Women’s Careers grant programme to improve women’s access to flexible, safe and inclusive training and work opportunities in male-dominated industries, including construction, clean energy, advanced manufacturing, and digital and technology; (2) Advancing Gender Equality in Gender Segregated Industries grant programme; 3 ) the adoption of the Working for Women: A Strategy for Gender Equality, following the 2022 Australian Jobs and Skills Summit and taking into account the findings of the Women’s Economic Equality Taskforce, with five priority areas, including unpaid and paid care and economic equality and security

State and territory levels. The Committee notes the measures taken at the state and territory levels, including the Australian Capital Territory’s Women in Construction Procurement Policy, the Tasmania’s Women’s Strategy 2022–2027 and Women in Leadership Scholarship Programme, the Western Australia’s Women: Action Plan to Improve Public Sector Employment Outcomes 2020–2025, the Northern Territory’s Gender Equality Plan 2022–2025.

The Committee urges the Government to continue to pursue its efforts to promote equality of opportunity and treatment between men and women, including by addressing segregation by industry, occupation, employment status and position, and multiple and intersecting forms of discrimination, and encourages it to undertake an assessment, in collaboration with the social partners (including other stakeholders), of the measures taken at federal, state and territory levels, and the results achieved. Please provide information in this regard, as well as statistics on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions (if possible by ethnic origin) both for the public and private sectors.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Government indicates that in May 2025: (1) the gender pay gap for average weekly earnings of full-time adult employees decreased from 14.1 per cent in May 2022 to 11.5 per cent; (2) the weekly ordinary time gender pay gap for full-time adult employees was higher in the private sector (14.1 per cent) compared to the public sector (9.9 per cent); and (3) the largest gender pay gap was recorded in the “Health Care and Social Assistance” industry (23 per cent), followed by ‘Financial and Insurance Services’ (21 per cent) and ‘Administrative and Support Services’ (19.3 per cent). The Committee also notes that in February 2024, the Workplace Gender Equality Agency (WGEA) published private sector employer gender pay gaps for the first time, which contributed to increased employers’ action to analyse and reduce their gender pay gap. In this regard, the Government informs that the biggest improvement was in men-dominated industries, which typically have larger gender pay gaps. Concerning specifically the gender pay gap in the minerals industry in Queensland, the Government informs that the average gender pay gap in mining fell to 12.7 per cent in 2022–23, down from 14.2 per cent the previous year.] The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation and refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Application of the principle of equal remuneration. Minimum wages. The Government informs that, in its Annual Wage Review (AWR) decision for 2024–25, the Fair Work Commission (FWC)’s Expert Panel stressed that gender pay gap is most significant among that part of the workforce who is paid above-award rates of pay and is therefore not directly affected by Review decisions. Notwithstanding this, because of the predominance of women in the modern award-reliant workforce, the Expert Panel considered it important to continue to review modern award classifications applying to highly feminized occupations to identify, and eliminate, gender-based undervaluation. It thus determined that priority occupations in 5 awards should be reviewed, including occupations such as pharmacists, health professionals, disability support workers, child carers, medical technicians and dental assistants. The Committee notes that the Expert Panel rendered its decision on 16 April 2025, finding that the occupations under review had been the subject of gender-based undervaluation and identifying award variations to rectify it. The Committee requests the Government to continue to provide information on the application of the principle of equal remuneration for men and women for work of equal value in the context of minimum wage reviews and determinations.

Equal remuneration orders. With regard to the application of section 302 of the Fair Work Act, the Government indicates that, following the entry into force of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the FWC may now consider comparisons within and between occupations and industries, and is no longer required to establish a reliable ‘male comparator’ as a prerequisite to making an equal remuneration order. The Committee notes, that the FWC found that the work of employees in aged care had been undervalued because of assumptions based on gender and awarded wage rate increases of up to 28.5 per cent. The Committee also notes the Government’s indication that, since the introduction of the Secure Jobs Better Pay amendments, from 7 December 2022 to 31 March 2025 the FWC received 20 applications under section 302 of the Fair Work Act. The majority of these applications were withdrawn by the applicant, and one application was dismissed. The Committee requests the Government to continue to provide information on cases in which applications for equal remuneration orders were made or the orders were rendered by the FWC on its own motion, indicating the number and nature of the cases as well as their outcome, the reasons for the results and their impact on reducing the gender pay gap. Please also provide information on the reasons for withdrawals, if available.

Supported bargaining. The Committee notes that the supported bargaining stream under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, commenced on 6 June 2023. As of July 2025, seven supported bargaining were authorized to cover the following industries: Social, community, home care and disability services; Health and welfare services; Educational services; and Fast Food; and two supported bargaining agreements were approved by the Fair Work Commission. The Committee notes that the supported bargaining addressed mainly female-dominated industries and the agreements reached provided for pay increases. Welcoming these progresses, the Committee requests the Government to continue to provide information on implementation of the principle of the Convention in the context of the application of supported bargaining and its impact on reducing the gender pay gap.

Queensland.Gender pay equality audits and bargaining. The Committee notes the Government’s indication that: (1) it accepted the recommendation in the five-year review of Queensland’s Industrial Relations (IR) Act 2016 that the Special Commissioner (Equity and Diversity) should develop a framework for gender pay equality audits with the compilation of relevant employment statistics, to build a comprehensive resource that the bargaining parties could access; and (2) legislative changes were made to section 173 of the IR Act on good faith negotiations, i.e. requiring negotiating parties to obtain, and disclose early in the bargaining period, any information reasonably requested by a bargaining party that is relevant to understanding the gender pay gap of the employees to be covered by the proposed bargaining instrument, including but not limited to: the distribution of the employees by gender; the details of the gender pay gap; any major factors identified as contributing to the gender pay gap; if appropriate, the projected effect of the proposed bargaining instrument on the gender pay gap; and any other information relevant to the gender pay gap reasonably requested by another bargaining party; and any other matter prescribed by regulation. The Committee requests the Government to provide information on the practical application of section 173 of the IR Act and its impact on the application of the principle of equal remuneration enshrined in the Convention.

Western Australia. Equal remuneration orders. The Government informs that during the reporting period there have been no equal remuneration orders issued by the Western Australian Industrial Relations Commission (WAIRC) under the equal remuneration provisions in Part II Division 3B of the Industrial Relations Act 1979 (IR Act). It also indicates that the on 31 January 2025 the majority of provisions in the Industrial Relations Legislation Amendment Act 2024 (WA) (IRLA Act 2024) commenced, including amended section 6 of the IR Act. The Committee notes that paragraph (ac) of section 6 was amended from ‘to promote equal remuneration’ to be ‘to promote gender equality in the workplace through equal remuneration and eliminating the gender-based undervaluation of work’. The Committee requests the Government to provide information on the application in practice of the IRLA Act, including on the number of equal remuneration orders made by the WAIRC relating to the principle of the Convention.

South Australia. Gender Pay Gap Taskforce. The Committee notes that South Australia established in 2022 the South Australian Gender Pay Gap Taskforce as a time-limited advisory board to provide high-level advice to the Minister for Women and the Prevention of Domestic, Family and Sexual Violence and the Government of South Australia on issues related to the gender pay gap. In 2024, the Taskforce released its Gender Pay Gap Taskforce Final Report, which identified three key areas to focus upon in order to address the gender pay gap in South Australia: (1) the needs of South Australia employers; (2) the need for South Australian data and research on gender equality; and (3) the role of the public sector. The Committee requests the Government to provide information on the measures adopted to follow-up on the recommendations formulated in the Gender Pay Gap Taskforce Final Report, and the results achieved.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising. Convention No. 100. The Committee notes that: (1) the Workplace Gender Equality Agency (WGEA) developed a series of masterclasses that provide employers with practical tools and advice that they can use to plan effective actions on gender equality, including conducting a gender pay gap analysis, gender equality action planning and setting targets for workplace gender equality; (2) while the Pay Equity Ambassador programme has been phased out, WGEA has continued to strengthen the Employer of Choice for Gender Equality (EOCGE) citation to encourage and recognize leading practice in workplace gender equality and a second level of recognition was added with the Employer Committed to Gender Equality citation; and (3) the Fair Work Ombudsman updated the Gender Pay Equity Best Practice Guide.

Victoria. Pay Equality Toolkit. The Committee notes that in 2024, the Equal Workplace Advisory Council engaged the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) and the Victorian Chamber of Commerce and Industry (VCCI) to develop the Pay Equality Toolkit (Toolkit) to support small and medium-sized enterprises (SMEs) to achieve pay equality in their workplace. The Toolkit provides free advice and templates for: conducting equal pay audits as a regular business practice; building transparency around pay decisions at all stages of employment; providing training and guidance for all staff who make decisions about employees’ pay; reviewing pay frameworks and policies regularly, to ensure their continued integrity and to reduce the risk of discrimination. The Committee requests the Government to continue to provide information on the measures taken to raise awareness of the principles of the Conventions and their application in practice.

Enforcement. Convention No. 111. Sexual harassment. The Government informs that it has invested 10.5 million Australian dollars over four years from 2022–23, and 2.2 million dollars ongoing per year from 2026–27, to support the Australian Human Rights Commission (AHRC) to address sexual harassment, including by educating employers about the positive duty enshrined in the amended Sex Discrimination Act 1984; and acting as a central contact point for resources and referral services on workplace sexual harassment. The Committee notes that 314 out of the 586 complaints received by the AHRC in 2022–23 under the Sex Discrimination Act alleged sexual harassment, 78 per cent of which occurred in the area of employment. It also notes from the AHRC’s “Time for respect: Fifth national survey on sexual harassment in Australian workplaces 2022” that one in three workers experienced sexual harassment in the last five years, and that these figures are higher when it comes to particular groups of workers, including women, Aboriginal and Torres Strait Islander workers, young people, people with disability, and LGBQTI workers. The Committee furthermore notes that: (1) as of 30 June 2025, the Fair Work Ombudsman (FWO), actioned and resolved 40 matters from persons alleging sexual harassment, finding no breaches of the Fair Work Act with respect of sexual harassment; (2) the Fair Work Commission (FWC) has received an increase in applications on sexual harassment since July 2022, developed the Workplace sexual harassment online learning module and published a series of Case law bench books to help parties and their representatives understand how the Fair Work legislation applies in practice; and (3) in 2023 the remade Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 expanded employer reporting requirements to cover also their efforts to prevent and respond to sexual harassment, harassment on the ground of sex and discrimination.

Sexual orientation. The Committee notes the Government’s indication that: (1) For the period 1 July 2022 to 30 June 2025, the FWO did not conduct any investigation relating specifically and exclusively to an allegation of discrimination on the grounds of gender identity, sexual orientation or intersex status in employment and occupation; and (2) in the period July–December 2024, the AHRC received 28 allegations of gender identity discrimination, 2 allegations of intersex status discrimination and 24 allegations of sexual orientation discrimination.

The Committee requests the Government to continue supplying information on the number, nature and outcome of any cases or complaints of discrimination in employment and occupation based on prohibited grounds – including complaints alleging discrimination on the grounds of gender identity, sexual orientation and intersex status – dealt with by the Fair Work Commission, Fair Work Ombudsman, the Australian Human Rights Commission courts or any other judicial or administrative competent authority, and at State and Territory levels.