Equal Pay Amendment Act 2020

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Equal Pay Amendment Act 2020

Public Act
 
2020 No 45
Date of assent
 
6 August 2020
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

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11Sections 4 to 8 repealed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15Section 11 repealed (Court may make partial award)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
13CGood faith in pay equity claim process
13DUnion right to represent members
13EUnions and employees may raise pay equity claims
13FMeaning of arguable
13GRequirements relating to all pay equity claims
13HRequirements for claim raised by individual employee
13IRequirements for claim raised by union or unions
13JEmployer must acknowledge receipt of pay equity claim and notify unions
13KUnion-raised claims raised with multiple employers: employers must enter into pay equity process agreement
13LOpting out of multi-employer pay equity claim
13MMultiple union claims raised with single employer: unions must consolidate
13NConsolidation of claim raised with additional or new employer with existing union-raised claim
13OProcess to request consent to consolidate
13PEffect of consolidation
13QEmployer must form view as to whether pay equity claim is arguable
13RNotice extending time limit for employer’s decision as to whether claim arguable
13SEmployer’s obligations after deciding whether claim is arguable
13TDeciding if multi-employer pay equity claim is arguable
13UEmployer must give notice of first arguable pay equity claim raised by individual employee
13VEmployer must give notice of first arguable pay equity claim raised by union
13WAffected employees automatically covered by union claims
13XUnion may not require fees from non-members
13YEmployees may opt out of pay equity claim raised by union
13ZEmployer must notify union of employees covered by union-raised claim
13ZANew employees covered by union-raised claim
13ZBProcess applies to arguable claims
13ZCDuty to provide information
13ZDMatters to be assessed
13ZEIdentifying appropriate comparators
13ZFRequirement for union to obtain mandate before settling pay equity claim
13ZGApplication of section 63A of Employment Relations Act 2000 to pay equity bargaining
13ZHSettling pay equity claim
13ZIUnfair bargaining for pay equity claim settlement
13ZJRemedies for unfair bargaining
13ZKCopy of pay equity claim settlement to be delivered to chief executive
13ZLOffers of benefit of pay equity claim settlement to other employees
13ZMEffect of pay equity claim settlement on employment agreements
13ZNRelationship between pay equity claims and collective bargaining
13ZOParties may refer issues to mediation
13ZPPurpose of facilitating pay equity claim
13ZQReference to Authority
13ZRWhen Authority may accept reference
13ZSLimitation on which member of Authority may provide facilitation
13ZTProcess of facilitation
13ZUStatements made by parties during facilitation
13ZVProposals made or positions reached during facilitation
13ZWRecommendation by Authority
13ZXParties must deal with Authority in good faith
13ZYParties may apply for determination by Authority
13ZZUnion must notify employees covered by union-raised claim before applying for determination by Authority
13ZZAIf Authority or court determines pay equity claim is arguable
13ZZBProcess on application to fix remuneration
13ZZCLimitation on challenge to determination of Authority fixing remuneration
13ZZDDetermination may provide for recovery of remuneration for past work
13ZZELimitation periods for recovery of remuneration for past work
13ZZFPay equity records
13ZZGPay equity claims by employees in 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 Schedules 1 and 2 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
29Related amendments to Public Service Act 2020
30Sections 81 to 83 replaced
81Interpretation
82Pay equity claims
83Application of section 13K of Equal Pay Act 1972 where more than 1 department or interdepartmental venture involved in pay equity claim
83ACommissioner to enter negotiations in consultation with affected department or interdepartmental venture
83BPay equity settlement binding on chief executive or board affected
31Section 84 amended (Delegation of Commissioner’s function and powers to negotiate pay equity claim)
32Section 77 amended (Personal grievances and disputes)
33Consequential amendments to Employment Relations Act 2000
34Repeal of Government Service Equal Pay Act 1960
Reprint notes

The Parliament of New Zealand enacts as follows: