Equal Pay Amendment Act 2025

• Jurisdiction: New Zealand
• Year: 2025
• Record Number: LMS1436372
• Act Number: 21
• Type of Document: Act

Contenidos

• Equal Pay Amendment Act 2025
• Contents
• 1 Title
• 2 Commencement
• 3 Principal Act
• Part 1
• 4 Section 2 amended (Interpretation)
• 5 Section 2B amended (Choice of proceedings)
• 6 Section 13A replaced (Purpose)
• 13A Purpose
• 7 Section 13B amended (Interpretation)
• 8 Section 13D amended (Union right to represent members)
• 9 New section 13DA inserted (Eligibility of pay equity claim to be raised)
• 13DA Eligibility of pay equity claim to be raised
• 10 Section 13E amended (Unions and employees may raise pay equity claims)
• 11 Section 13F replaced (Meaning of arguable)
• 13F Meaning of has merit
• 12 Section 13H amended (Requirements for claim raised by individual employee)
• 13 Section 13I amended (Requirements for claim raised by union or unions)
• 14 Section 13K amended (Union-raised claims raised with multiple employers: employers must enter into pay equity process agreement)
• 15 Section 13L amended (Opting out of multi-employer pay equity claim)
• 16 Section 13N amended (Consolidation of claim raised with additional or new employer with existing union-raised claim)
• 17 Section 13O amended (Process to request consent to consolidate)
• 18 Section 13P amended (Effect of consolidation)
• 19 Cross-heading above section 13Q replaced
• 20 New sections 13PA and 13PB inserted
• 13PA Time limit for employer’s decisions about pay equity claim
• 13PB Employer’s decision about whether claim meets requirements of section 13E
• 21 Section 13Q amended (Employer must form view as to whether pay equity claim is arguable)
• 22 Section 13R amended (Notice extending time limit for employer’s decision as to whether claim arguable)
• 23 Section 13S amended (Employer’s obligations after deciding whether claim is arguable)
• 24 Section 13T amended (Deciding if multi-employer pay equity claim is arguable)
• 25 Section 13U amended (Employer must give notice of first arguable pay equity claim raised by individual employee)
• 26 Section 13V amended (Employer must give notice of first arguable pay equity claim raised by union)
• 27 Section 13Y amended (Employees may opt out of pay equity claim raised by union)
• 28 Section 13ZB amended (Process applies to arguable claims)
• 29 Sections 13ZD and 13ZE replaced
• 13ZD Matters to be assessed
• 13ZE Selecting appropriate comparators
• 13ZEA Employer decides no appropriate comparators available
• 13ZEB New decision about same or substantially similar work
• 30 Section 13ZH amended (Settling pay equity claim)
• 31 Section 13ZK amended (Copy of pay equity claim settlement to be delivered to chief executive)
• 32 Section 13ZL amended (Offers of benefit of pay equity claim settlement to other employees)
• 33 Section 13ZN amended (Relationship between pay equity claims and collective bargaining)
• 34 Section 13ZO amended (Parties may refer issues to mediation)
• 35 Section 13ZQ amended (Reference to Authority)
• 36 Section 13ZR amended (When the Authority may accept reference)
• 37 Section 13ZW amended (Recommendation by Authority)
• 38 Section 13ZY replaced (Parties may apply for determination by Authority)
• 13ZY Parties may apply for determination by Authority
• 39 Section 13ZZ amended (Union must notify employees covered by union-raised claim before applying for determination by Authority)
• 40 Section 13ZZA replaced (If Authority or court determines pay equity claim is arguable)
• 13ZZA Effect of determinations on discontinued claims
• 13ZZAA Decision that claim does not meet section 13E requirements
• 13ZZAB Decision that claim does not have merit
• 13ZZAC Decision that no appropriate comparators are available
• 13ZZAD Later decision on work performed by employees covered by claim
• 41 Section 13ZZB amended (Process on application to fix remuneration)
• 42 Section 13ZZC amended (Limitation on challenge to determination of Authority fixing remuneration)
• 43 Sections 13ZZD and 13ZZE repealed
• 44 Section 13ZZF amended (Pay equity records)
• 45 Section 13ZZG amended (Pay equity claims by employees in education service)
• 46 Section 18 amended (Penalty for non-compliance)
• 47 Section 19 amended (Regulations)
• 48 Schedule 1 amended
• 49 Schedule 2 amended
• Part 2
• 50 Principal Act
• 51 Section 33 amended (Duty of good faith requires parties to conclude collective agreement unless genuine reason not to)
• 52 Section 161 amended (Jurisdiction)
• 53 Principal Act
• 54 Section 82 amended (Pay equity claims)
• 55 Section 83A amended (Commissioner to enter negotiations in consultation with affected department or interdepartmental venture)
• Schedules
• New Part 2 inserted into Schedule 1
• Part 2

Equal Pay Amendment Act 2025

Contents

1 Title

This Act is the Equal Pay Amendment Act 2025.

2 Commencement

This Act comes into force on 14 May 2025.

Section 2: editorial change made by the PCO, on 19 May 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).

3 Principal Act

This Act amends the Equal Pay Act 1972.

Part 1

4 Section 2 amended (Interpretation)

In section 2(1), definition of pay equity claim settlement, paragraph (b), replace section 13ZH(1)(b)(ii) with section 13ZH(1)(b)(ii) or (iii).

In section 2(1), replace the definition of predominantly performed by female employees with:

predominantly performed by female employees—

1. in Part 2, in relation to work, means that the work is performed by a workforce that is at least 70% female; and

in Part 4, in relation to work to which a pay equity claim relates, means that the work—

1. is performed by a workforce that is at least 70% female; and

2. has been performed by a workforce described in subparagraph (i) for at least 10 consecutive years immediately before the date on which the claim was raised

5 Section 2B amended (Choice of proceedings)

In section 2B(2)(c)(i) and (d)(i)(A), replace section 13ZY(1)(d) with section 13ZY(1)(i).

6 Section

...