Equal Pay Amendment Bill

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Hon Iain Lees-Galloway

Equal Pay Amendment Bill

Government Bill

103—2

	Commentary
	Key
1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments to principal Act
4	New Part 1 heading inserted
		Part 1 Preliminary provisions
5	Section 2 amended (Interpretation)
6	New sections 2AAA and 2AAB inserted
	2AAA	Transitional, savings, and related provisions
	2AAB	Act binds the Crown
7	New section 2AAC and Part 2 heading inserted
		Part 2 Key provisions
	2AAC	Differentiation in rates of remuneration prohibited
8	Section 2A amended (Unlawful discrimination)
9	New section 2B inserted (Choice of proceedings)
	2B	Choice of proceedings
10	Section 3 amended (Criteria to be applied)
11	Sections 4 to 8 repealed
12	New section 8A and Part 3 heading inserted
		Part 3 Matters relating to equal pay claims
	8A	Application of this Part
13	Section 9 amended (Court may state principles for implementation of equal pay)
14	Section 10 amended (Approval by court or Employment Relations Authority of instruments or proposed instruments)
15	Section 11 repealed (Court may make partial award)
16	Section 12 amended (Further powers of Employment Relations Authority)
17	Section 13 amended (Recovery of remuneration based on equal pay)
18	New Part 4 inserted
		Part 4 Pay equity claims
	13A	Purpose
	13B	Interpretation
		Employee’s right to raise pay equity claim
	13C	Employee may raise pay equity claim
		Process to raise pay equity claim
	13D	Requirements relating to pay equity claims
	13E	Employer must notify certain other employees
	13F	Employer must form view as to whether pay equity claim is arguable
		Pay equity bargaining process
	13G	Process applies to arguable claims
	13H	Consolidation of claims by multiple employees
	13I	Consolidation of claims against multiple employers
	13J	Good faith in pay equity bargaining process
	13K	Duty to provide information
	13L	Matters to be assessed
	13M	Identifying appropriate comparators
		Settling pay equity claim
	13N	Settling pay equity claim
	13NA	Copy of pay equity claim settlement to be delivered to chief executive
	13O	Relationship between pay equity claims and collective bargaining
		Mediation
	13P	Parties may refer issues to mediation
		Facilitation
	13Q	Purpose of facilitating pay equity claim
	13R	Reference to Authority
	13S	When Authority may accept reference
	13T	Limitation on which member of Authority may provide facilitation
	13U	Process of facilitation
	13V	Statements made by parties during facilitation
	13W	Proposals made or positions reached during facilitation
	13X	Recommendation by Authority
	13Y	Parties must deal with Authority in good faith
		Determination by Authority
	13Z	Parties may apply for determination by Authority
	13ZA	If Authority or court determines pay equity claim is arguable
	13ZB	Process on application to fix terms and conditions
	13ZC	Determination may provide for recovery of remuneration for past work
	13ZD	Limitation periods for recovery of remuneration for past work
		Obligation on employers to keep pay equity records
	13ZE	Pay equity records
		Pay equity claims by employees of education service
	13ZF	Pay equity claims by employees of education service
19	Section 14 repealed (Procedure and jurisdiction of Employment Relations Authority)
20	New section 14A and Part 5 heading inserted
		Part 5 General provisions
		~~Penalties~~ Notices, penalties, and enforcement
	14A	Notices
21	Section 15 replaced (When dismissal or reduction of employee an offence)
	15	Claimant employee must not be treated adversely
22	Sections 16 to 17A repealed
23	Section 18 replaced (Offences)
	18	Penalty for non-compliance
	18A	Proceedings by Labour Inspector or employee concerned for penalty
		Powers of Inspectors and procedure and jurisdiction of Employment Relations Authority and Employment Court
	18B	Powers of Inspectors
	18C	Procedure and jurisdiction of Employment Relations Authority and Employment Court
		Regulations
24	Section 19 amended (Regulations)
25	New Schedule 1 inserted
	Part 2 Related amendments and repeals
	Amendments to Employment Relations Act 2000
26	Related amendments to Employment Relations Act 2000
27	Section 100A amended (Codes of employment practice)
28	Section 100C replaced (Authority or court may have regard to code of practice)
	100C	Authority or court may have regard to code of employment practice
29	Consequential amendments to Employment Relations Act 2000
	Repeal
30	Repeal of Government Service Equal Pay Act 1960
	Schedule 1 New Schedule 1 inserted
	Schedule 2 Consequential amendments to Employment Relations Act 2000
	Legislative history

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