10Approval by court or Employment Relations Authority of employment agreements or proposed employment agreements

1. Despite anything in the Employment Relations Act 2000, the court may, of its own motion or on the application of any party, examine the provisions of any proposed or existing collective agreement under that Act fixing any rate of remuneration of employees, whether or not those provisions have been agreed upon in conciliation, in order to determine whether the provisions of the proposed or existing collective agreement provide for equal pay.

2. After hearing the parties or, if the court thinks fit, without hearing the parties, the court may,—

3. if the court is satisfied that those provisions provide for equal pay, approve those provisions:
4. if the court is not so satisfied,—
   1. refer the proposed or existing collective agreement back to the parties for further consideration and amendment of those provisions in order to provide for equal pay and, if it does so, the court may state principles for the guidance of the parties for the implementation of equal pay in that collective agreement; or
   2. amend the provisions of the proposed or existing collective agreement in order to provide for equal pay, and, in the case of a proposed collective agreement, make the collective agreement as so amended.

5. Despite anything in any other Act or in any rule of law, the Employment Relations Authority may, of its own motion or on the application of an Inspector, examine the provisions of any employment agreement or proposed employment agreement (not being a collective agreement under the Employment Relations Act 2000) in order to determine whether the provisions of the employment agreement or proposed employment agreement fixing any rate of remuneration for employees provide for equal pay.

6. After hearing the parties to the employment agreement or proposed employment agreement or their representatives or, if the Employment Relations Authority thinks fit, without a hearing, the Employment Relations Authority may,—

7. if the Employment Relations Authority is satisfied that those provisions provide for equal pay, approve those provisions:
8. if the Employment Relations Authority is not so satisfied,—
   1. refer the employment agreement or proposed employment agreement back to the parties, or, as the case may be, to the appropriate authority, for renegotiation or, as the case may be, for reconsideration or amendment of those provisions in order to provide for equal pay and, if it does so, the Employment Relations Authority may state principles for the guidance of the parties or that authority for the implementation of equal pay in that employment agreement or proposed employment agreement; or
   2. in the case of an existing employment agreement, amend it to the extent necessary to provide for equal pay, and the employment agreement as so amended has effect accordingly.

9. The Employment Relations Authority must not exercise any of its powers under this section without a hearing if any party to the employment agreement or proposed employment agreement requests a hearing.