Part 4Pay equity claims
Pay equity bargaining process
13ZEAEmployer decides no appropriate comparators available
If the employer decides that no appropriate comparators are available for selection, the employer must give notice to the claimant that—
- sets out the reasons for the employer’s decision; and
- describes the effect of the decision as set out in subsection (2); and
- explains the steps that the claimant may take to challenge the employer’s decision, including advice that the claimant may—
- seek further details of the reasons for the employer’s decision; and
- refer the decision to mediation under section 13ZO; and
- refer the decision to the Authority for facilitation under sections 13ZP to 13ZX if 1 or both of the grounds in section 13ZR(2) exist; and
- apply to the Authority under section 13ZY for a determination on the decision and that, if the claimant does so, the Authority will first consider whether an attempt has been made to resolve the question by facilitation or mediation.
- seek further details of the reasons for the employer’s decision; and
A notice under subsection (1) has the effect of discontinuing the pay equity claim from the date on which the employer gives the notice, but the discontinuance of the claim does not prevent—
- the parties from agreeing to reverse the employer’s decision; or
- the claimant from applying to the Authority for a determination in relation to the employer’s decision; or
- a new claim that complies with section 13DA from being raised.
If the parties agree to reverse the employer’s decision, the claim is no longer discontinued.
Notes
- Section 13ZEA: inserted, on , by section 29 of the Equal Pay Amendment Act 2025 (2025 No 21).