Analyse the recent developments in terms of who else has got, or is in the process of pursuing, pay equity settlements, in NZ (worth 20%)
The a-s-s-e-s-s-m-e-n-t will
(a) analyse the recent developments in terms of who else has got, or is in the process of pursuing, pay equity settlements, in NZ (worth 20%)
(b) from that, discuss whether the presence of the new systems and the progress of recent pay equity claims together mean that all NZ women will gain pay equity (worth 60%)
Please see the questions shown in the screenshot. I will send you all the info after being hired, eg PPTs, student access etc. Please send a draft in 12hrs -1 day time, day 2, and day 3 as well. + Will need to draft some questions to ask the teacher and revise base on feedback (Send bk ard in 1 day max)
Requirements: 2 hours
Page 1 of 2 ASSIGNMENT MARKING GUIDE DIMENSION Weight Analysis of Recent Developments • Identifies and clearly presents the central facts of “who else has got, or is in the process of pursuing, pay equity settlements” • Accuracy: Information is accurate and in-depth • Demonstrates clear understanding of key concepts • Concise: conveys key information in appropriate length Grading Excellent Above Average Average Needs improvement Inadequate 20% Discussion • Develops a comprehensive analysis, identifying enablers and barriers • Applies findings from that analysis to discuss the situation of other women • Shows full knowledge of the the new systems for pay equity claims • Directly addresses the specified question • Balanced, thorough discussion • Arguments are well supported Grading Excellent Above Average Average Needs improvement Inadequate 60% Conclusions • Draws the themes together into appropriate conclusions • Conclusions are logically developed and supported by reasoning • Comprehensive Grading Excellent Above Average Average Needs improvement Inadequate 5% Structure And Presentation • High quality presentation which is clear and accessible for readers • A clear and logical structure is used, including linkages. • Grammar, spelling and punctuation are of a high standard • Correct citation when references are needed. Grading Excellent Above Average Average Needs improvement Inadequate 15% Assignment Instructions 2023.doc
Page 2 of 2 Grade Mark Meaning A+ 90-100% Standard of work is exceptional; parts of the written work may be publishable. A 85-89% Standard of work is excellent; demonstrated a high level of analytical/critical thinking. A- 80-84% Borderline A (better than B+ but not fully A) some reservations about the standard of work. B+ 75-79% Very Good: clear evidence of quality; valid arguments with sound conclusions, but may lack full coverage. B 70-74% Good: capable; grasps the requirements of the project/internship, but there are some gaps. B- 65-69% Borderline B, Average to Good: not well-organised and/or there are many gaps in the narrative. C+ 60-64% Pass: written work only partly addresses the issue/s under study; analysis lacks detail and depth. C 55-59% Just Pass: significant gaps in analysis and arguments with poor conclusions. C- 50-54% Bare Pass: significant gaps in analysis and arguments with feeble conclusions. D 40-49% Fail: significant reservations about the standard of work; written work is not satisfactory. E 0-39% Fail, Very Poor: Written work is incoherent, irrelevant and incomplete.
Report Style: This work should be presented as a report. It does not require a table of contents, but should use the following sections;
1. Introduction
A brief introduction to the report
2. Analysing the Developments in Pay Equity (worth 20%)
This is where you analyse the claims that have occurred, with the people who are seeking or have recently obtained pay equity.
Your task is not just reporting them (reporting is just saying that “this happened, then that happened”). Your focus should instead be on analysing those developments, including identifying the enablers (factors that helped to make the pay equity progress possible) and barriers (factors that cause an obstruction). That will be what earns credit in the marking.
3. Discussion – what is likely to happen (worth 60%)
This is where you to look at what you found in your analysis, and evaluate whether the presence of the new systems and the progress of recent pay equity claims together mean that all NZ women will gain pay equity
4. Conclusion
A concise conclusion that draws together the discussion
Word limit: Reports should not exceed 2000 words, excluding references (there is no 10% allowance). Anything beyond that will not be assessed.
A word count must be supplied at the end of the report
A Marking Guide is supplied. Note carefully the value attached to the various aspects.
Grammar and Presentation: Make sure you present your report well, including paying attention to issues of grammar and spelling. Again, doing this well earns marks, but failing to do this loses marks.
Format: Reports must be must be submitted as a MS Word Document (please do not submit a pdf file)
Overview
This Main Assignment looks at developments in equal pay and pay equity in Aotearoa New Zealand. Equity is a major topic worldwide, and it affects everyone, male and female.
Background
In 2012, the issue of pay equity gained new attention in NZ when Kristine Bartlett, a worker in the aged care sector, embarked on a legal challenge proposing that she was not receiving equal pay as provided by Equal Pay Act 1972.
A summary of what happened following that case is provided in your assignment resources. The resulting changes include new systems to allow women to make claims for pay equity.
You will need to read through those carefully.
Earlier this year, eleven years after Kristine Bartlett’s action, more than 30,000 nurses in New Zealand achieved an historic pay equity settlement.
Your Task
Your task is to compile a report in which you;
(a) analyse the recent developments in terms of who else has got, or is in the process of pursuing, pay equity settlements, in NZ (worth 20%)
(b) from that, discuss whether the presence of the new systems and the progress of recent pay equity claims together mean that all NZ women will gain pay equity (worth 60%)
Resources
1. A set of background resources are supplied, in a “book” format below. You will have to read them to understand pay equity, and the new systems that were introduced.
2. You will have to do your own research to address what has happened in terms of the part of the assignment addressing “who else has got, or is in the process of pursuing, pay equity settlements, in NZ.”
All content can be opened through hyperlinks.
These background resources provide an introduction to the topic of equal pay and pay equity, some of the key concepts involved, and the emergence of new systems for pay equity following Kristine Bartlett’s actions.
An overview of Equal Pay Amendment Act
For an initial outline of the topic and the Equal Pay Amendment Act 2020 see the short overview What does equal pay mean for workers and employers?
What does equal pay mean for workers and employers? – Lawlink
1.1. Employment Equity Page
The Broad Issue – Employment Equity
Employment equity is about fairness at work. It means people have the same opportunities to participate fully in employment regardless of their gender.
Many female workers in New Zealand work in occupations that are more than 80% female and these female-dominated occupations have tended to be lower paid. Women are under-represented in higher-level jobs.
The gender pay gap is a high level indicator of the difference between women and men’s earnings. Factors that contribute to the gender pay gap are:
* the jobs women do: while there are some notable exceptions in New Zealand today, women have been more likely to be clustered in a narrow range of occupations and at the bottom or middle of an organisation
* the value put on women’s jobs: the skills and knowledge that women contribute in female-dominated occupations may not have been recognised or valued appropriately in comparison to other jobs
* work arrangements and caring responsibilities: more women combine primary care giving with part-time work, which tends to be more readily available in lower paid occupations and positions. This limits women’s access to better paying occupations and positions.
Reasons for focusing on gender
There is a clear history of women’s opportunities and pay being specifically set according to gender. For example, until the Equal Pay Act 1972 it was legal to set separate rates of pay for men and women, and exclude women from certain types of work. The introduction of equal pay and anti-discrimination legislation has improved women’s pay rates and access to jobs, however women’s earnings are still less than men’s. Women also still tend to be in different types and levels of jobs.
Both men’s and women’s experiences of employment can be affected by gender. Women’s earnings may be lower, and men may have less employment flexibility and be expected to work longer hours. The opportunities and treatment of men and women workers are closely interrelated. Men and women sometimes cannot make the choices they want about how they share paid and unpaid work, while gender affects employment. Pay and employment equity cannot be achieved for women or men unless the ways gender is affecting employment are identified and addressed.
Benefits of pay and employment equity
For women
* brings greater economic independence for women and increases the choices available to them about paid work and other responsibilities.
* can reduce women’s reliance on income support, improve their working and retirement incomes, their capacity to make repayments on any student loan or other debts, and make contributions to their retirement savings.
* improves women’s prospects of getting higher-level jobs, (where they are still under-represented) because it can increase their workforce experience.
For employers
* benefits employers because employees who are valued appropriately are more productive, show more initiative and are more likely to be loyal and speak positively about their organisation.
* helps with staff retention because employees who are valued and respected are less likely to leave. Reducing the number of employees who leave an organisation because they can’t get flexible hours, are treated disrespectfully, or believe pay or recruitment practices are unfair reduces the amount of turnover costs incurred by employers (up to three times each employee’s pay).
* helps increase the diversity of the workforce at all levels. Employers gain a wider range of applicants, styles, backgrounds, knowledge and experience, and the organisation benefits from increased innovation, inputs and perspectives and better reflects a wider range of customers.
* is good for an organisation’s employer brand because employees value fair pay and opportunities.
1.2. An Introduction – the Bartlett case
Kristine Bartlett – A Catalyst for Change
Looking back in history
In 1937, the Arbitration Court set minimum wages for women for the first time, but at 47% of men’s wages. This decision was in keeping with government policy which still maintained that a man, as head of the household, should be the primary earner in order to support himself and his family.
In the following years, gradual changes occurred. Starting first in the public sector, the Government Service Equal Pay Act was introduced in 1960, and then in 1972 the Equal Pay Act applied also to private sector employers. From 2000 to 2014 however, there were few developments in the notion of equal pay, or the way it was applied.
Kristine Bartlett – Landmark Case
In 2012, Kristine Bartlett had worked in aged care for more than 20 years but was only paid $14.44 an hour, 69 cents above the minimum wage at that time.
The Human Rights Commission, an independent agency funded by the government, released a report in May 2012 which found that
“The sense of crisis that surrounds aged care is partly a reflection of our collective knowledge that we are not being fair and that a large group of workers is being discriminated against. Inaction on pay inequality and inadequate compensation for travel are breaches of fundamental human rights. Given their significance, these breaches cannot be justified by affordability arguments.”
In 2012 Kristine lodged an application with the Employment Relations Authority, proposing that she was not receiving equal pay as provided by Equal Pay Act 1972. Her union, Service and Foodworkers Union (now E Tu) took the case on her behalf. Her employers, the aged care provider, Terranova, disputed her claim.
In November 2012 the ER Authority agreed that the case should go direct to the Employment Court (rather than being conducted in the Authority), as all the parties involved (including stakeholders) believed that important questions of law should be examined before the substantive case was heard.
June 2013: The Employment Court case, Bartlett/SFWU v Terranova. Kristine’s argument centered around s 3(1)(b) of the Equal Pay Act. The Employment Court decides in Kristine’s favour.
Jan 2014: The employer, Terranova, appeals the Employment Court decision. However, in its decision of November 2014 the Court of Appeal upholds the earlier Employment Court decision.
Terranova then takes the case to the Supreme Court, however in December 2014 the Supreme Court declines Terrnova’s leave to appeal. As a result, the earlier Employment Court decision, in Kristine’s favour, stands.
1.3. What is pay equity?
Equal Pay and Pay Equity
One of the important points to note, in Kristine Bartlett’s pay equity dispute, is that the Court of Appeal interpreted the Equal Pay Act 1972 in a new way. Instead of just requiring equal pay for men and women doing the same work, the Court indicated that the Act also required men and women to be paid equally for doing different work that was deemed to be of equal value.
Kristine Bartlett claimed that because her work was predominantly performed by women she received a lower wage. If her work was predominantly performed by men, she claimed, she would receive a higher wage.
Pay equity differs from equal pay
Equal pay refers to men and women receiving the same pay for the same work. It is usually relatively straightforward to assess in an objective manner.
Pay equity refers to the concept that women should be paid the same as men for doing different jobs of the same value. A comparator (a comparison area of employment) is critical to the assessment of pay equity.
In the Bartlett case, the matter was then referred back from the Court of Appeal to the Employment Court, to give general principles to be observed in implementing equal pay.
This decision, with the way the Court interpreted and applied the notion of ‘equal pay’ (or pay equity), had significant implications for the aged care sector, as well as for employers more generally.
The following sections contain media articles and other reports, capturing some of the significant changes that were set in motion by that decision.
1.4. How big is the pay gap and what are the causes?
These are provided so that you have an understanding of the possible causes of pay differences.
Be careful though, as this is a topic that is debated a lot. The items are provided to make you aware of the range of possible causes.
As background, Statistics NZ give the broad picture of the difference between male and female earnings at a nationwide level, but not specific occupations, Gender and Ethnic Pay Gaps and Organisational Gender Pay Gaps; you can look for more recent updates. Others such as the Public Service Commission also publish their own statistics and a number of organisations are now doing this.
Recent Short Articles discussing pay differences
You can look for more recent articles of your own.
No Budge on Gender Pay Gap (Stuff, August 2023)
Gender Pay Gap, Government Hints at Reporting system for business (RNZ, 11 August 2023)
An opinion peice on the ethnic pay gap Gender pay gap reporting prioritises pakeha women over maori and pacific workers (The Spin Off, 15 August 2023)
Possible causes of the pay gap
Bias against women accounts for 80 per cent of gender pay gap – research (Stuff article, 7 March 2017)
Gender pay gap: New Zealand women share stories of bias at work, (Stuff article, 8 March 2017)
Jim Rose: Time demands at play in gender pay gap, not bias (Herald article responding to Ministry of Women’s report, March 2017)
1.5. Progress from the Kristine Bartlett Case
Progress of the Key Events in the Terranova v Bartlett case
The Terranova (Bartlett) case and decision had significant, broad implications that would potentially apply to workers in a variety of other areas. It was the starting point in the pay equity developments.
The Joint Working Group 2015
In response to the case, in October 2015 the Government established a “tripartite” (three party) Joint Working Group (JWG) comprising government, employer and union representatives. This JWG had the task of developing principles that provided practical guidance to employers and employees in implementing pay equity.
In May 2016, the JWG issued its recommendations, with 16 principles of pay equity, that include principles to provide guidance to employers and employees in identifying, assessing and resolving pay equity claims.
The JWG also developed a process for employers and employees to follow to resolve pay equity issues, including a bargaining process based on the Employment Relations Act framework.
Following a change of government in 2017 the JWG was reconvened to propose further suggestions regarding processes for groups seeking pay equity.
MBIE provides the full background and developments to the pay equity legislation.
This initated the move away from the Courts to Bargaining
Equal Pay the Tide is Turning (Equal-pay disputes move away from courts) RNZ News, June 2016
1.6. Aged Care 2017 Settlement
The Aged Care 2017 Settlement
The government also worked to negotiate a settlement with Aged Care Sector workers, the group that Kristine Bartlett was part of.
The situation was complex because, although the workers may be employed by a range of private healthcare providers, the funding for these services came largely from the Government. The private providers argued that they would not be able to pay the newer rates unless they received increased government funding.
In 2017 the Government reached a 2 billion dollar pay equity settlement with the unions involved. This settlement affected 55,000 workers in the Aged Care Sector; the aged care, disability residential care and home and community support services, who are predominantly women.
From July 2017 those workers received a pay increase of between 15 and 50 per cent, depending on their qualifications and/or service. This was a very significant increase for an industry which has predominantly paid near the minimum hourly wage.
The settlement meant that all employees within the aged and disability residential care sector, and home and support workers, would receive the newly negotiated wage rates, regardless of whether or not they are members of a union.
1.7. Media: Response to Negotiated Settlement
After the government, and the unions representing the care and support workers, moved away from court action, and negotiated their own “historic” settlement for the pay equity claim, a range of events followed.
Note what developed, the views of the stakeholders, and the potential consequences for the wider workforce.
The Announcement of the Government Decision for Health Care Workers (18 April 2017)
The following section has coverage of the settlement. It also adds other important commentary of issues such as the motivations of the parties and potential consequences that may follow.
Government Media Release: $2 billion pay equity settlement for 55,000 health care workers, (18 April 2017)
Care and support providers say they face major flow-on costs in pay equity settlement (Stuff 30 May 2017)
Rest home’s way around equal pay, (Stuff 26 September 2017)
Judy McGregor: Private sector has obligation to show same leadership as Government in pay equity (Herald, 18 April 2017)
1.8. Subsequent developments: Media
The Aged Care settlement begins to have flow-on effects within the sector and beyond
These are just a sample. Read through these carefully and consider the enablers and barriers, what are the less obvious factors, the patterns and differences.
In 2018 the government extended the Aged Care Settlement to mental health and addiction support workers.
Pay equity settlement extended to mental health workers (RNZ 22 June 2018)
More money but worse off after hard-won pay increase for aged-care workers (Stuff 28 March 2019)
Example of Union Pay Equity Campaigns
NZEI details the various wins it had for occupation group wins in their “Fair’s Fair” pay equity campaign from 2018
PPTA details their campaign for Pay Equity on behalf of occupational groups they represent
Social Services Providers Association campaign with the PSA Union
1.9. The New Legislation 2020
The New Framework
The recommendations from the 2018 JWG were then incorporated into new pay equity legislation, in July 2020 the new framework was passed into law, and came into effect in October 2020 as the Equal Pay Amendment Act.
An outline of the new Pay Equity Framework
Overview of Pay equity and the new framework (MBIE Overview pdf)
What a new equal pay law means for women (Susan Hornsby-Geluk, Aug 2020)
Igniting Debate, Conversation and Action
The passing of the Equal Pay Amendment Act 2020 has ignited conversations and debate around pay and gender equity for women across various sectors and workplaces, that had previously not attended to these issues in their workforces.
Pay for women chartered accountants $60k less than men on average, survey shows (Stuff 1 June 2021)
2degrees dials up its paid parental leave to hold on to workers (Stuff 31 May 2021)
The gender pay gap in the Public Service is the lowest it has ever been (Media release 15 November 2021)
1.10. Another Approach – Transparency and the Pay Gap
Another Avenue for Addressing Equity – the Pay Gap and Transparency
Alongside the legislation providing systems for women to make claims related to pay equity, there have also been other, different types of moves. These focus on identifying what the pay gender gap is like with different employers or sectors.
This is known as “pay transparency,” showing the difference between male and female employees in sectors and workplaces
Women in research losing thousands compared with male counterparts (RNZ January 2020)
New Zealand behind world on gender pay gap reporting – survey (RNZ 27 June 2022)
Union calls for mandatory reporting of gender pay differences (RNZ 27 June 2022)
The government has also moved to enact legislation that will require entities with more than 250 employees to publicly report their gender pay gap – this is likely to affect around 900 entities. This will later extend to entities with over 100 workers.
Government Acts to close gender pay gap (Beehive press release, August 2023)
What’s my Gender Pay Gap? | Ministry for Women
Westpac Example
Westpac Bank was the first major bank in New Zealand to look into its own pay equity situation and created moves to address the issues.
The Detail: Westpac NZ shocked itself with its gender pay gap (Stuff May 2019)
The gender equity report that shocked a bank (RNZ Sept 2019)
Gender equality (Westpac document)
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1.11. Pay Equity Developments 2023
Pay Equity Developments 2023
Moves towards gender pay equity have begun in sectors where Government is the employer or funder such as aged care, health and education, as well as with some larger employers in the private sector.
2023 has been a significant year for those pay equity developments, including 30,000 nurses achieving pay equity settlement/s.
Nurses and Health care assistants accept pay equity settlement (RNZ, August 2023)
Your Task – Finding other sources and information
You should now look for other information about what has happened, especially since 2020, in terms of other groups / people who are seeking, or have achieved, pay equity arrangements.
It is more useful to look at wider groupings, for example an industry, rather than individual organisations.
The purpose is to see the pattern of where pay equity settlements are occurring.
Remember that your task is not to just report these, but rather to analyse them, in order to identify the enablers and barriers to achieving pay equity.
Note: You will need to look for authoritative sources such as mainstream media, not random blogs.
Below are some examples:
Midwives to get 15% rise as part of pay equity negotiations (RNZ, 7 June 2023)
Extension of Pay Equity to Social Workers and Community (Public Services Commission, 24 November 2022)
Pay parity pathway for early learning teachers confirmed (15 September 2021)
Pay Equity Win for School Administrators (7 June 2022)
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