Industrial Relations Act 2016

The commission must be satisfied—

the work to which the award relates is appropriately valued; and

the award provides for equal remuneration for work of equal or comparable value.

For subsection (1)(a), the commission must assess the current value of the work that is the subject of the modern award, having regard to—

the nature of the work, skill and responsibility required; and

the conditions under which the work is performed; and

any other matters the commission considers relevant.

The assessment of the current value of the work must be free of assumptions based on gender.

For subsection (1)(b)—

comparisons within and between occupations and industries—

may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and

are not restricted to similar work; and

discrimination on the basis of gender is not necessary to establish the work has been undervalued; and

the commission must consider previous valuations of the work and whether historically the work has been undervalued; and

the commission may have regard to other industrial instruments or federal industrial instruments.