Expert reveals illegal work act bosses shouldn’t do

An expert reveals the best ways to handle the situation is you find out a male co-worker is being paid more than you for doing the same job.

An expert reveals the best ways to handle the situation is you find out a male co-worker is being paid more than you for doing the same job. Picture: iStock

If you’re a woman, imagine you find out your male colleague has been paid more than you for the same work. What do you do?

A – Accept the news and get over it.

B – Have a conversation with your boss because it’s unfair.

An expert told news.com.au the correct answer is B because paying people differently based on their gender – if they have the same amount of experience, are working the same hours and are doing the same role – is illegal.

According to the Workplace Relations Act 1996, workplaces cannot discriminate against people because of their gender.

“It’s actually illegal in Australia for them [women] to be paid less than a male person doing the exact same job,” workplace expert Tracey Horton told news.com.au.

It is illegal to be paid less than a male co-worker if you are working the same role and have the same amount of experience. Picture: iStock

The first thing you need to do is to make sure the situation is actually unequal pay, or if you may instead be a victim of the gender pay gap.

According to FairWork Australia: “Employers must pay all employees equally for work of equal or comparable value.”

But as the Workplace Gender Equality Agency explains, equal pay and the gender pay gap are not the same thing.

“Equal pay is where women and men are paid the same for performing the same role or different work of equal or comparable value.

“In Australia, this has been a legal requirement since 1969.

“Gender pay gaps are not a comparison of like roles.

“Instead, they show the difference between the average pay of women and men across organisations, industries and the workforce as a whole.”

Talk to your boss. Picture: iStock

If you think your situation is unequal pay, Ms Horton has an action plan for how to raise the issue — and what to do if it doesn’t work.

TALK TO YOUR BOSS

Ms Horton said before you consider taking more drastic action, the first step should be to discuss the situation with your employer.

“It’s just a simple conversation with the boss,” she said.

She recommends you ask them straight out why it is happening.

“Because it’s illegal for it to be done so there has to be a reason.”

DEVELOP A PLAN

Ms Horton said you should also focus on developing a plan for your desired outcome.

“The plan is always a very simple three step process to work out really clearly what it is you want,” she said.

“I always say to people, in your workplace, be as methodical and as logical as you can.

“Let’s just have the conversations. Let’s just ask the questions.”

If there is a valid reason why a male colleague is being paid more than you, such as having extra workplace responsibilities or more experience, your plan should look at what you need to do to achieve the same income.

Ms Horton said you can ask your employer why you are being paid differently and what you can do to gain more experience or skills in order to achieve equal pay.

Have a confidential conversation with Fair Work and find out your rights. Picture: iStock

IF NEEDED, TALK TO FAIR WORK AUSTRALIA

If you’re not able to resolve the problem with your boss, and they can’t offer a valid reason for why your male colleague is being paid more, Ms Horton advises raising the issue with FairWork Australia.

“Have a confidential conversation with Fair Work and find out your rights,” she said.

“They [Fair Work] will very quickly tell them whether they’ve got a case or not.”

She added that FairWork Australia are very good at supporting victims and negotiating with bosses for a positive outcome.

GET SUPPORT FROM FAMILY AND FRIENDS

If you are struggling with workplace issues, Ms Horton recommends that you talk to someone you can trust outside your workplace.

“Many women are stressed. Can you imagine what it’s like for a woman to have to deal with this?” she said.

“I think for a lot of them, they really are exhausted, emotionally and physically and mentally so they’re not addressing this.

“My advice is that they should back themselves and talk to somebody. Talk to a girlfriend, a mother, a cousin.

“Find a way to believe in yourself and get that support.”