Equal Pay Act 1972

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    agreement means any agreement specified in paragraph (d) or paragraph (e) of the definition of the term instrument

    agricultural workers order means any order made under Part 3 of the Agricultural Workers Act 1962

    apprenticeship order means any apprenticeship order within the meaning of the Apprenticeship Act 1983

    appropriate authority, in relation to any instrument, means the authority having jurisdiction under any Act to fix rates of remuneration payable under that instrument

    award means an award made under the Industrial Relations Act 1973 or any corresponding former Act, the Aircrew Industrial Tribunal Act 1971, or the Agricultural Workers Act 1977; and includes an agreement deemed to be an award by section 33(2) of the Agricultural Workers Act 1977

    court means the Employment Court constituted under the Employment Relations Act 2000

    employee has the same meaning as in the Employment Relations Act 2000; but does not include—

    • (b) [Repealed]

    • (c) any person whose rate of remuneration is fixed under section 52 of the Hospitals Act 1957 (as substituted by section 4(1) of the Hospitals Amendment Act 1976):

    • (d) [Repealed]

    • (e) any person whose rate of remuneration is fixed pursuant to regulations made under section 22 of the Education Act 1964 or under section 60A of that Act (as inserted by section 8(1) of the Education Amendment Act 1976)

    employer means any person employing an employee or employees

    Employment Relations Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000

    equal pay means a rate of remuneration for work in which rate there is no element of differentiation between male employees and female employees based on the sex of the employees

    first increment date means—

    • (a) in relation to any award, the first increment date determined under subsection (2) of section 6:

    • (b) in relation to any other instrument, the first increment date determined under the said subsection (2), as applied to such instruments by section 7

    industrial agreement means an industrial agreement made under the Industrial Conciliation and Arbitration Act 1954 and includes a collective agreement made under the Industrial Relations Act 1973 and a collective agreement made under the Employment Relations Act 2000

    Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000

    instrument means—

    • (a) any award, industrial agreement, or apprenticeship order:

    • (b) any agreement under section 141 of the Industrial Relations Act 1973:

    • (ba) any agreement filed with the Registrar of the court under section 141 of the Industrial Relations Act 1973:

    • (c) any agricultural workers order, waterfront industry order, or any order or determination fixing rates of remuneration made by any court or tribunal or employing authority under any enactment:

    • (d) any collective or ruling rates agreement, whether in writing or not, made between a workers' union and an employer or an employers' union or a society or body of employers:

    • (e) any other agreement, whether in writing or not, made between an employee and an employer or an employers' union or a society or body of employers, or between a group of employees and an employer or an employers' union or a society or body of employers; and includes an employment contract within the meaning of the Employment Contracts Act 1991:

    • (f) any decision, whether recorded in writing or not, made by an employer fixing the rate of remuneration for an individual employee or a group of 2 or more employees; and for the purposes of this Act the employer and the employee or, as the case may be, each of the employees who are members of that group shall be deemed to be parties to the instrument

    remuneration, in relation to any employee, means the salary or wages actually and legally payable to that employee; and includes—

    • (a) time and piece wages and overtime and bonus and other special payments:

    • (b) allowances, fees, commission, and every other emolument, whether in 1 sum or several sums, and whether paid in money or not

    waterfront industry order means a principal order made under the Waterfront Industry Commission Act 1976.

    (2) Nothing in this Act shall apply with respect to any agreement specified in paragraph (e) of the definition of the term instrument in subsection (1) made between an individual employee and an individual employer, or any decision under paragraph (f) of that definition made in respect of an individual employee, which fixes a rate of remuneration that is special to that employee by reason of special qualifications, experience, or other qualities possessed by that employee and does not involve any discrimination in relation to that employee or any other employee based on the sex of the employee.

    Section 2(1) apprenticeship order: amended, on 1 November 1983, pursuant to section 58(2) of the Apprenticeship Act 1983 (1983 No 16).

    Section 2(1) award: replaced, on 17 April 1978, by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).

    Section 2(1) Commission: repealed, on 17 April 1978, by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).

    Section 2(1) court: replaced, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) employee: amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) employee paragraph (a): replaced, on 1 April 1988, by section 87 of the State Sector Act 1988 (1988 No 20).

    Section 2(1) employee paragraph (b): repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 2(1) employee paragraph (c): amended, on 1 December 1976, pursuant to section 4(1) of the Hospitals Amendment Act 1976 (1976 No 54).

    Section 2(1) employee paragraph (d): repealed, on 1 April 1988, by section 87 of the State Sector Act 1988 (1988 No 20).

    Section 2(1) employee paragraph (e): amended, on 1 November 1976, pursuant to section 8(1) of the Education Amendment Act 1976 (1976 No 42).

    Section 2(1) employer: replaced, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) Employment Relations Authority: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) Employment Tribunal: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) industrial agreement: amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) industrial agreement: amended, on 8 March 1974, by section 5 of the Equal Pay Amendment Act 1973 (1973 No 23).

    Section 2(1) Inspector: replaced, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2(1) instrument paragraph (b): amended, on 8 March 1974, pursuant to section 234(c) of the Industrial Relations Act 1973 (1973 No 19).

    Section 2(1) instrument paragraph (ba): inserted, on 8 March 1974, by section 5 of the Equal Pay Amendment Act 1973 (1973 No 23).

    Section 2(1) instrument paragraph (ba): amended, on 17 April 1978, by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).

    Section 2(1) instrument paragraph (e): amended, on 15 May 1991, by section 2(2) of the Equal Pay Amendment Act 1991 (1991 No 25).

    Section 2(1) instrument paragraph (f): inserted, on 14 November 1976, by section 2(1) of the Equal Pay Amendment Act 1976 (1976 No 49).

    Section 2(1) waterfront industry order: amended, on 1 August 1987, pursuant to section 2(3) of the Waterfront Industry Commission Amendment Act 1987 (1987 No 82).

    Section 2(2): amended, on 14 November 1976, by section 2(2) of the Equal Pay Amendment Act 1976 (1976 No 49).