Our part-time staff are paid more than full-timers. Is this unfair?

Under our EBA, the part-time staff in our department are being paid a significantly higher hourly rate than full-time staff for doing the same work. The full-time staff are predominantly males, whilst females are much more likely to choose to work part-time.

This unequal treatment is unfair and feels like discrimination. Under the fair work act there is meant to be “equal remuneration for work of equal or comparable value”. That is not happening in our department. Is there anything that can be done so that full-time and part-time staff are paid equally for the same work?

Gemma Lloyd, co-founder and CEO of WORK180, says workplaces need to do better when it comes to explaining EBAs.Credit: Eamon Gallagher

I asked Gemma Lloyd about your question. She’s the co-founder and CEO of WORK180, an organisation that promotes and advocates for gender equity in the workplace. Gemma has extensive experience working with organisations on policies relating to remuneration, and one of her many areas of expertise is pay transparency.

She told me it was encouraging to hear that you’re advocating for pay equity within your team, but that it was regrettable the reasoning behind your employer’s pay policies weren’t clearer.

“At its core, this agreement should ensure employees feel confident and secure in workplace practices and policies. Enterprise agreements are tailored to individual businesses, negotiated between employers and employees, and establish fair wages and working conditions,” she says.

“They must also pass the Fair Work Commission’s Better Off Overall Test, ensuring employees receive conditions that are better than those set by modern awards. Importantly, at least 51 per cent of employees must agree to the terms of an enterprise agreement.”

Responsibility really falls on your employer to be clearer about the ins and outs of this agreement.

Gemma wondered whether part of the reason for your worries about the enterprise agreement (EA) was how it had been explained to you and your colleagues.

“Concerns of pay discrepancies may stem from inadequate communication about the EA, leading to misunderstandings. For example, pay rates in EAs can differ; full-time roles may be listed as weekly rates while part-time roles are shown as hourly rates,” she says.

“Adjustments can also be made for benefits or allowances. This can create perceptions of inequity, especially if the rationale for these differences isn’t clearly communicated.”

I know you mentioned in our further correspondence that you weren’t aware of any benefits that could account for the pay difference, so it makes sense that the whole thing seems mystifying; I can see how it would be frustrating for you (and I imagine others you work with). Gemma says that responsibility really falls on your employer to be clearer about the ins and outs of this agreement.

“Employers need to embrace transparency and actively communicate workplace policies. By discussing pay structures and the reasoning behind them, employers can prevent confusion and mitigate potential resentment, fostering a more equitable and trusting work environment,” Gemma said.

She also said that whether this is a problem of communication or something else, the best way to proceed is to find out more. If your employer isn’t being forthcoming with useful information, don’t hold back from asking questions.

“As a next step, I recommend that your reader engage in a conversation with their employer or a bargaining representative to clarify the pay differences and their rationale.”

And if those discussions leave you with further questions or don’t satisfy your desire to see equal pay in your workplace, keep in mind that you don’t need to leave your enquiries there.

“If concerns persist after this discussion, reaching out to the Fair Work Commission for additional advice would be wise.”

Send your Work Therapy questions to [e-mail]

Expert tips on how to save, invest and make the most of your money delivered to your inbox every Sunday. Sign up for our Real Money newsletter.