Discuss the ways in which Australian employment law has contributed to continued pay inequity since the Equal Pay Cases, and the prospects for change through the existing legal system.

INDIVIDUAL ESSAY QUESTION

Choose one of the following two questions

1. Although the Equal Pay Cases of 1969 and 1972 accepted the principle of equal pay for men and women and ended the practice of having different rates for male and female workers in awards, there remains a persistent gender wage gap in Australia. Discuss the ways in which Australian employment law has contributed to continued pay inequity since the Equal Pay Cases, and the prospects for change through the existing legal system.

OR

1. Ultimately a system can only operate effectively and provide minimum protections if it has an adequate and appropriate enforcement mechanism.  The main bodies which can initiate enforcement proceedings in Australian employment law are the trade unions and the Fair Work Ombudsman. Are the provisions in the Fair Work Act 2009 (Cth) appropriate for enforcing labour standards and acting as deterrents to prevent subsequent breaches. Answer this question with specific reference to the powers of the Fair Work Ombudsman and the way it has sought to use its powers in recent years.