13FMeaning of has merit

1. A pay equity claim has merit if—

2. the claim relates to work that is predominantly performed by female employees; and
3. there are reasonable grounds to believe that the work—
   1. has been historically undervalued for 1 or more of the reasons set out in subsection (2); and
   2. continues to be subject to systemic sex-based undervaluation, taking into account all relevant matters (including the reasons set out in subsection (3)).

4. The reasons for historical undervaluation of work referred to in subsection (1)(b)(i) are as follows:

5. the origins and history of the work, including the manner in which wages have been set:
6. any social, cultural, or historical factors:
7. characterisation of the work as women’s work:
8. the nature of the work requires an employee to use skills or qualities that have been—
   1. generally associated with women; and
   2. regarded as not requiring monetary compensation.

9. The reasons for continued systemic sex-based undervaluation of work referred to in subsection (1)(b)(ii) are—

10. features of the relevant labour market, industry, sector, or occupation, including the following:
    1. a dominant source of funding across the relevant labour market, industry, sector, or occupation:
    2. a lack of effective bargaining in the relevant labour market, industry, sector, or occupation:
    3. the market share of the employer as an employer in the relevant labour market:
    4. a lack of competition from other employers seeking to employ persons in the relevant labour market:
    5. a lack of power on the part of employees to influence the relevant labour market:
    6. occupational segregation or segmentation in relation to the work:
    7. any other features that are prescribed in regulations; and
11. failure by the parties to a pay equity claim to properly assess or consider the remuneration that should be paid to properly account for—
    1. the nature of the work; and
    2. the levels of responsibility associated with the work; and
    3. the conditions under which the work is performed; and
    4. the degree of effort required to perform the work.

12. In subsection (3)(a), relevant labour market means that part of the whole labour market that comprises all workers who, as a matter of fact and commercial common sense, are substitutable because the work they perform involves—

13. the same or substantially similar skills and responsibilities; and
14. experience under the same or substantially similar conditions; and
15. the same or substantially similar degrees of effort.