8 New classification of work
  • (1) If at any time on or after 1 April 1973 but before 1 April 1977 separate provision is made in any instrument fixing the rate of remuneration payable to female employees in respect of any work or class of work not previously provided for in the instrument or, as the case may be, in any instrument that it replaces, or an instrument making provision for the remuneration of female employees only fixes the remuneration payable to those employees in respect of such work, the parties to the instrument, or, as the case may be, the appropriate authority, shall fix a rate of remuneration for that work or class of work at a rate that equals as near as possible the rate of remuneration that would have been fixed for that work or class of work in accordance with sections 3 to 6, or, as the case may be, sections 3 to 5 and section 7, if it had been performed by female employees on 1 April 1973.

    (2) For the purposes of subsection (1), the parties to the instrument or, as the case may be, the appropriate authority, shall make the determinations specified in subsection (1) of section 4 as if the instrument had come into force before 1 April 1973.

    (3) If the parties are unable to agree upon the rate of remuneration to be fixed by that instrument or, as the case may be, by the appropriate authority, any party to the instrument, or, as the case may be, that authority, or an Inspector, may apply to the court to fix that rate, and the court shall fix the rate of that remuneration.

    Section 8(1): amended, on 2 October 1973, by section 4(3) of the Equal Pay Amendment Act 1973 (1973 No 23).

    Section 8(3): amended, on 17 April 1978, by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).