Part 1Preliminary provisions
2Interpretation
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
appropriate authority, in relation to any instrument, means the authority having jurisdiction under any Act to fix rates of remuneration payable under that instrument
court means the Employment Court constituted under the Employment Relations Act 2000
employee has the same meaning as in the Employment Relations Act 2000
employer means any person employing an employee or employees
employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000
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
equal pay claim means a claim that an employer has breached section 2AAC(a)
Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000
pay equity claim means a claim that an employer has breached section 2AAC(b)
pay equity claim settlement means a settlement of a pay equity claim that is recorded—
- in a written agreement between the parties as described in section 13ZH(3); or
- in a determination of the Authority or the Court as described in section 13ZH(1)(b)(ii) or (iii)
predominantly performed by female employees—
- 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—
- is performed by a workforce that is at least 70% female; and
- 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
- is performed by a workforce that is at least 70% female; and
remuneration, in relation to any employee, means the salary or wages actually and legally payable to that employee; and includes—
- time and piece wages and overtime and bonus and other special payments:
- allowances, fees, commission, and every other emolument, whether in 1 sum or several sums, and whether paid in money or not.
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Nothing in this Act shall apply with respect to any employment agreement that fixes a rate of remuneration that is special to an 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.
Any term or expression used but not defined in this Act has the meaning given to it in the Employment Relations Act 2000.
Notes
- Section 2(1) agricultural workers order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) apprenticeship order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) award: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) Commission: repealed, on , by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).
- Section 2(1) court: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) employee: amended, on , by section 5(2)(a) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) employee: amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) employee paragraph (a): repealed, on , by section 5(2)(b) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) employee paragraph (b): repealed, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
- Section 2(1) employee paragraph (c): repealed, on , by section 5(2)(b) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) employee paragraph (d): repealed, on , by section 87 of the State Sector Act 1988 (1988 No 20).
- Section 2(1) employee paragraph (e): repealed, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
- Section 2(1) employer: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) employment agreement: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) Employment Relations Authority: inserted, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) Employment Tribunal: repealed, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) equal pay claim: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) first increment date: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) industrial agreement: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) Inspector: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
- Section 2(1) instrument: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) pay equity claim: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) pay equity claim settlement: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(1) pay equity claim settlement paragraph (b): amended, on , by section 4(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 2(1) predominantly performed by female employees: replaced, on , by section 4(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 2(1) waterfront industry order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(2): amended, on , by section 5(4) of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 2(3): inserted, on , by section 5(5) of the Equal Pay Amendment Act 2020 (2020 No 45).