Equal Pay Amendment Bill

Hon Iain Lees-Galloway

Equal Pay Amendment Bill

Government Bill

103—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act
4New Part 1 heading inserted
5Section 2 amended (Interpretation)
6New sections 2AAA and 2AAB inserted
2AAATransitional, savings, and related provisions
2AABAct binds the Crown
7New section 2AAC and Part 2 heading inserted
2AACDifferentiation in rates of remuneration prohibited
8Section 2A amended (Unlawful discrimination)
9New section 2B inserted (Choice of proceedings)
2BChoice of proceedings
10Section 3 amended (Criteria to be applied)
11Sections 4 to 8 repealed
12New section 8A and Part 3 heading inserted
8AApplication of this Part
13Section 9 amended (Court may state principles for implementation of equal pay)
14Section 10 amended (Approval by court or Employment Relations Authority of instruments or proposed instruments)
15Section 11 repealed (Court may make partial award)
16Section 12 amended (Further powers of Employment Relations Authority)
17Section 13 amended (Recovery of remuneration based on equal pay)
18New Part 4 inserted
13APurpose
13BInterpretation
13CEmployee may raise pay equity claim
13DRequirements relating to pay equity claims
13EEmployer must notify certain other employees
13FEmployer must form view as to whether pay equity claim is arguable
13GProcess applies to arguable claims
13HConsolidation of claims by multiple employees
13IConsolidation of claims against multiple employers
13JGood faith in pay equity bargaining process
13KDuty to provide information
13LMatters to be assessed
13MIdentifying appropriate comparators
13NSettling pay equity claim
13NACopy of pay equity claim settlement to be delivered to chief executive
13ORelationship between pay equity claims and collective bargaining
13PParties may refer issues to mediation
13QPurpose of facilitating pay equity claim
13RReference to Authority
13SWhen Authority may accept reference
13TLimitation on which member of Authority may provide facilitation
13UProcess of facilitation
13VStatements made by parties during facilitation
13WProposals made or positions reached during facilitation
13XRecommendation by Authority
13YParties must deal with Authority in good faith
13ZParties may apply for determination by Authority
13ZAIf Authority or court determines pay equity claim is arguable
13ZBProcess on application to fix terms and conditions
13ZCDetermination may provide for recovery of remuneration for past work
13ZDLimitation periods for recovery of remuneration for past work
13ZEPay equity records
13ZFPay equity claims by employees of education service
19Section 14 repealed (Procedure and jurisdiction of Employment Relations Authority)
20New section 14A and Part 5 heading inserted
14ANotices
21Section 15 replaced (When dismissal or reduction of employee an offence)
15Claimant employee must not be treated adversely
22Sections 16 to 17A repealed
23Section 18 replaced (Offences)
18Penalty for non-compliance
18AProceedings by Labour Inspector or employee concerned for penalty
18BPowers of Inspectors
18CProcedure and jurisdiction of Employment Relations Authority and Employment Court
24Section 19 amended (Regulations)
25New Schedule 1 inserted
26Related amendments to Employment Relations Act 2000
27Section 100A amended (Codes of employment practice)
28Section 100C replaced (Authority or court may have regard to code of practice)
100CAuthority or court may have regard to code of employment practice
29Consequential amendments to Employment Relations Act 2000
30Repeal of Government Service Equal Pay Act 1960
Legislative history

The Parliament of New Zealand enacts as follows: