Equal Pay Act 1972

Pay equity claims

13C: Good faith in pay equity claim process

You could also call this:

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

When you are part of a pay equity claim, you must act in good faith. This means you must follow the process to resolve the claim. You can find out more about good faith in section 4 of the Employment Relations Act 2000.

You must work together with the other parties to settle the claim in an orderly and efficient way. This includes using your best efforts to agree on how to progress the claim and to enter into an arrangement for conducting the bargaining. You must also recognise the role of any representative or advocate chosen by each party.

If a union has raised a claim, the duty of good faith also applies to the relationship between the union and an employee who is not a member of the union, but is covered by the claim. You must not undermine the bargaining or the authority of another party in the bargaining. You can find out more about good faith in section 4 of the Employment Relations Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427244.


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Part 4Pay equity claims

13CGood faith in pay equity claim process

  1. The duty of good faith in section 4 of the Employment Relations Act 2000 applies to the parties to a pay equity claim, as if references in that section to a collective agreement were references to a pay equity claim settlement.

  2. The duty of good faith in section 4 of the Employment Relations Act 2000 requires the parties to, at least,—

  3. follow the process set out in this Part to resolve the pay equity claim; and
    1. in the case of multiple employer parties required by section 13K to enter into a multi-employer pay equity process agreement, use their best endeavours to enter into that agreement in an effective and efficient manner; and
      1. in the case of multiple union parties required by section 13M to consolidate their claims, use their best endeavours to agree on how they will progress the consolidated claim; and
        1. use their best endeavours to enter into an arrangement, as soon as possible after the start of pay equity bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and
          1. use their best endeavours to settle the pay equity claim in an orderly, timely, and efficient manner; and
            1. recognise the role and authority of any person chosen by each of the parties to be that person’s representative or advocate, and not (directly or indirectly) bargain about matters relating to the pay equity claim with the person for whom a representative or advocate acts (unless the parties agree otherwise); and
              1. not undermine, or do anything that is likely to undermine, the bargaining or the authority of another party in the bargaining.
                1. The duty of good faith in section 4 of the Employment Relations Act 2000, which applies to the relationship between a union and a member of the union, also applies to the relationship between a union and an employee who is not a member of the union if the employee is covered by the union-raised claim.

                Compare
                Notes
                • Section 13C: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).