Equal Pay Act 1972

Pay equity claims

13B: Interpretation

You could also call this:

"What words mean in the Equal Pay Act"

When you are looking at pay equity claims, you need to understand what some words mean. An affected employee is someone who does the same or similar work as another employee for the same employer, and a pay equity claim has been made about that work. You can find out more about how to choose a comparator in a pay equity claim by looking at section 13ZE and section 13ZD.

A claimant is the person or group who makes a pay equity claim, this can be an individual employee, a union or multiple unions. If you are covered by a pay equity claim settlement, it means you are the one who made the claim, or you were part of a union that made the claim and you didn't opt out. You can also be covered if you accept an offer to be part of the settlement, as explained in section 13ZL(2), (4), or (5).

An employer is the person or company you work for, and they must be the ones a pay equity claim is made against. A multi-employer pay equity claim is when a claim is made against more than one employer, and this can be done by one or more unions, as explained in section 13K and section 13N. A party to a pay equity claim is either the claimant or the employer, and a union is a group of workers that is registered under the Employment Relations Act 2000.

When a union makes a pay equity claim, it can be one union or multiple unions working together, as explained in section 13W and section 13Y. You are covered by a union-raised claim if the union made the claim and you didn't opt out.

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13A: Purpose, or

"This law helps fix unfair pay for jobs mostly done by women."


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13C: Good faith in pay equity claim process, or

"Being honest and working together to fix pay fairness problems"

Part 4Pay equity claims

13BInterpretation

  1. In this Part, unless the context otherwise requires,—

    affected employee means an employee who performs work that is the same as, or substantially similar to, the work performed by another employee of the same employer, if a pay equity claim has been raised with the employer in respect of that work (whether by an employee or by 1 or more unions)

      appropriate comparator means a comparator selected by parties to a pay equity bargaining process in accordance with section 13ZE for use as a comparator in the assessment of a pay equity claim under section 13ZD

        claimant means—

        1. an individual employee who raises a pay equity claim:
          1. a union that raises a pay equity claim on behalf of the members of that union:
            1. multiple unions that jointly raise a pay equity claim on behalf of the members of each union, or that pursue a pay equity claim that is consolidated in accordance with section 13M

              covered by a pay equity claim settlement, in relation to an employee, means the employee—

              1. is the claimant who raised the pay equity claim to which the settlement relates; or
                1. in the case of a claim raised by 1 or more unions, was covered by the union-raised claim at the time that the claim was settled; or
                  1. has accepted an offer of the benefit of the pay equity claim settlement made under section 13ZL(2), (4), or (5)

                    covered by a union-raised claim, in relation to an employee, means the employee—

                    1. is covered by a claim raised by 1 or more unions in accordance with section 13W; and
                      1. has not opted out under section 13Y

                        employer means an employer in relation to whom a pay equity claim has been raised

                          multi-employer pay equity claim means a claim raised by 1 or more unions with multiple employers (including a claim raised with multiple employers to which section 13K applies and a claim raised with multiple employers that is consolidated in accordance with section 13N)

                            party, in relation to a pay equity claim, means—

                            1. the claimant:
                              1. the employer (or each employer, in the case of a multi-employer pay equity claim)

                                union

                                1. means a union registered under Part 4 of the Employment Relations Act 2000; and
                                  1. if 2 or more unions are joint claimants (whether because they jointly raised a pay equity claim or subsequently consolidated their pay equity claims), means those unions jointly.

                                  Notes
                                  • Section 13B: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
                                  • Section 13B appropriate comparator: inserted, on , by section 7 of the Equal Pay Amendment Act 2025 (2025 No 21).