News & Current Affairs

By Erin Taylor

07.03.24

Gender pay gap report reveals slow progress on gender equity

“But shouldn’t it be based on merit?” I hear this statement so often, mainly from middle-aged, upper-middle-class white men discussing gender-based quotas in forums such as board composition, leadership positions and equitable briefing.

In a recent conversation with a man who fits the above description, I questioned his argument against policies designed to rectify imbalances historically skewed in his favour.

He responded that it is him who is now being discriminated against because of such policies, ending with that well-worn comment about how appointments should be made on merit, not other factors.

The recent release of the Workplace Gender Equality Agency (WGEA) report into the differences between the average pay for men and women in Australia shows that despite attempts to level the playing field, we’re far from closing the gender pay gap.

The report revealed, among other things, that for every $1 a man makes on average, women earn $78c. That adds up to a difference of $26,393 per annum, not even taking into account the discrepancies that would naturally flow through superannuation payments, bonuses, and other forms of remuneration.

Concerningly, the WGEA report highlighted particularly wide pay gaps in the area of law.

One national law firm was shown to have a gender pay gap of 28.3 per cent above the average despite its workforce comprising 65 per cent women (it turns out these women largely held lower and lower middle positions at the firm). While only 35 per cent of the practice’s workforce were men, they earned 28.3 per cent more on average.

Another law firm highlighted in the report had a gender pay gap of 47.9 per cent, despite a 74 per cent female workforce. In this instance, there were more women in every quartile of the workforce except the upper quartile, where they had 45 per cent representation. The report revealed the firm had no gender pay gap policies in place.

A third legal practice had a shocking 50 per cent gap in base salary and total remuneration between men and women – one of the highest recorded, despite its senior management positions being held largely by female employees.

At a time when increasing numbers of law graduates – many of them whip-smart young women – are turning away from commercial practice for what they feel will be more lucrative and rewarding careers in the public service or completely outside the legal sphere, these findings are disturbing.

The rush for the exit will only be exacerbated by a media report this week about how young female lawyers are petrified of the ‘career stunting’ effect becoming a mother can have on their jobs, with many choosing to wait until they make partner to have their first child.

As a woman who has raised a young family while progressing through the ranks to become a partner in one of Canberra’s top law firms, I find it astonishing that barriers persist in properly recognising and rewarding talent, hard work and commitment, simply based on gender.

Equitable treatment of all employees, regardless of gender, culture, socio-economic or religious background, should be non-negotiable.

Quite apart from ensuring that men and women receive equal pay for equal work (which is enshrined in law), flexible work policies that can accommodate the diverse needs of all employees; encouragement and support of women to take on leadership roles; education and training to promote gender equality and diversity awareness, and support for work-life balance and parental leave are just some of the things that should be a given in the modern workplace.

These are the things that will help us reverse the continuing trend of Australian women languishing in lower-paid jobs and, therefore, earning far less than their male counterparts.

A demonstrated commitment to fairness is what has enabled Aulich to attract and maintain a workforce comprising more than 80 per cent women, two of whom have become partners while raising young families (representing 50 per cent of the partnership team). The rest of our talented female employees continue to progress to senior positions within the firm through mentoring, support and flexible work practices.

The benefits of taking genuine steps to achieve gender equity in the workplace

By shifting the dial on thinking so discrepancies such as those highlighted in the WGEA report spark outrage rather than a resigned acceptance, we can stamp out the entrenched unconscious bias that has allowed people such as the chap I spoke about earlier to leapfrog to the plum jobs, salaries and benefits – often without realising the privilege that has enabled it.

By truly levelling the playing field, we can create diverse and engaged workplaces in which people feel valued and supported and don’t have to compromise or settle for less simply because they fail to fit a particular stereotype.

By enabling real change, we will hopefully stem the exodus of bright young things by providing them with what they need to bring their A-game to the table and rewarding them fairly for their efforts.

 If you’re seeking a career with a law firm that offers flexibility, support and equitable opportunity, contact us today for a chat.