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Looking into the number of women with top jobs at Australia’s biggest firms may explain why some gender pay gaps are so high.
Earlier this week, the Workplace Gender Equality Agency (WGEA) published the average and median gender pay gaps (GPG) for all Australian businesses with 100 or more employees.
A Lawyers Weekly investigation into the 81 legal workplaces on this list revealed an average total remuneration of 19.7 per cent, which falls just under the WGEA-reported national average of 21.8 per cent.
It also revealed that of the 62 law firms with comparable data to the previous reporting period, around 45 per cent had a worse GPG.
Renee Bianchi, president of the Australian Women Lawyers (AWL), said the figures “cannot be ignored or explained away”.
“It is disappointing that nearly half of reporting firms have reported an increase in the gender pay gap,” Bianchi told Lawyers Weekly.
“It goes without saying that the legal industry should be leading by example in regards to workplace equality. Unfortunately, it seems that there is still some way to go.”
Alongside the average GPG figures, the WGEA published a breakdown of the number of women at each level of the workplace. The “upper quartile” accounts for those whose earnings fall in the top 25 per cent.
When compared, the data indicated a major issue in some workplaces.
Of all 81 firms, Spruson & Ferguson, Jones Day, Coleman Greig, Davies Collison Cave, and Meridian Lawyers had the biggest average total remuneration GPG, ranging from 45.5 to 52 per cent.
At Spruson & Ferguson, women make up 68 per cent of the total workforce, but mostly hold lower-middle and middle positions. Just 21 per cent of its upper quartile workforce was made up of women.
Simon Potter, Spruson & Ferguson’s managing director, said this was due to a “lack of women” in non-fee-earning roles and “low levels” in STEM-qualified careers, which is a requirement for patent attorneys.
Cornwalls, which had an average total remuneration GPG of 43.9 per cent, also had women in just 21 per cent of its upper quartile.
The remaining four had slightly higher figures, with Jones Day at 41 per cent, Coleman Greig at 43 per cent, Davies Collison Cave at 44 per cent, and Meridian Lawyers at 51 per cent.
| Firm | Average base salary GPG (%) | Average total remuneration GPG (%) | Total workforce women (%) | Upper quartile women (%) | Upper-middle quartile women (%) | Lower-middle quartile women (%) | Lower quartile women (%) |
| Meridian Lawyers | 46 | 45.5 | 70 | 51 | 68 | 81 | 81 |
| Davies Collison Cave | 45.6 | 45.6 | 72 | 44 | 74 | 91 | 79 |
| Coleman Greig | 49.4 | 48.4 | 68 | 43 | 68 | 93 | 69 |
| Jones Day | 51.2 | 49.6 | 66 | 41 | 56 | 73 | 94 |
| Spruson & Ferguson | 49.9 | 52 | 68 | 21 | 59 | 100 | 91 |
At the other end of the scale, Knowmore Legal Services, Lawyers on Demand, Piper Alderman, Ashurst, and Environmental Defenders Office had some of the smallest – or non-existent – total remuneration GPG.
At Knowmore, women made up 76 per cent of the upper quartile, followed by 68 per cent at Lawyers on Demand. Piper Alderman and Ashurst both have above 60 per cent, and the Environmental Defenders Office reported having 81 per cent of women in a top job.
Commenting on the positive figures, Ashurst said the progress was a result of its “comprehensive strategy and targeted initiatives aimed at promoting gender equality and creating a more inclusive workplace”.
“Ashurst will continue to implement and refine our strategies to ensure sustained improvement in gender equality across our firm,” it said.
| Firm | Average base salary GPG (%) | Average total remuneration GPG (%) | Total workforce women (%) | Upper quartile women (%) | Upper-middle quartile women (%) | Lower-middle quartile women (%) | Lower quartile women (%) |
| Knowmore Legal Services | 0.2 | 0.2 | 78 | 76 | 75 | 80 | 80 |
| Lawyers on Demand | 1.6 | 3.8 | 65 | 68 | 74 | 62 | 58 |
| Piper Alderman | 2.4 | 4.1 | 62 | 63 | 54 | 63 | 70 |
| Ashurst | 4 | 4.5 | 60 | 61 | 54 | 62 | 64 |
| Environmental Defenders Office | 5.3 | 5.3 | 82 | 81 | 82 | 84 | 81 |
There were a few outliers in the data where the number of women in its top ranks did not seem to make a difference to its GPG.
Makinson D’Apice reported having 68 per cent of women in its upper quartile, but it had an average total remuneration GPG of 18.5 per cent. Similarly, Ligeti Services had a 22.8 per cent GPG but reported having women in 61 per cent of its upper quartile.
Fragomen (Australia) had a 37.5 per cent GPG, but 62 per cent of women in its upper quartile; Maurice Blackburn had 64 per cent of women, compared to its 20.5 per cent GPG; and Slater & Gordon had a 23.9 per cent GPG but 61 per cent of women in its top-earning roles.
| Firm | Average base salary GPG (%) | Average total remuneration GPG (%) | Total workforce women (%) | Upper quartile women (%) | Upper-middle quartile women (%) | Lower-middle quartile women (%) | Lower quartile women (%) |
| Makinson D’Apice | 18.5 | 18.5 | 77 | 68 | 70 | 89 | 80 |
| Maurice Blackburn | 20.5 | 20.5 | 77 | 64 | 78 | 85 | 82 |
| Ligeti Services | 24 | 22.8 | 67 | 61 | 69 | 65 | 73 |
| Slater & Gordon | 22.6 | 23.9 | 76 | 61 | 77 | 84 | 83 |
| Fragomen (Australia) | 32.7 | 37.5 | 74 | 62 | 74 | 76 | 86 |
All data, including comparisons across two reporting years, can be found here.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
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