13ECircumstances in which unions and employees may raise pay equity claims

1. The following may raise a pay equity claim with an employer:

2. a union, on behalf of 1 or more members of that union who perform the same or substantially similar work for the employer:
3. 2 or more unions, acting jointly on behalf of the members of each union who perform the same or substantially similar work for the employer:
4. an individual employee, other than an employee who—
   1. is covered by a union-raised claim; or
   2. is barred from pursuing a pay equity claim under section 2B.

5. A union may not raise a pay equity claim with an employer if no employee of the employer who performs the work to which the claim relates is a member of the union.

6. Subsection (2) does not limit a union’s right to jointly raise a multi-employer pay equity claim with another union, or to consolidate a claim raised with multiple employers in accordance with section 13N, provided each employer with whom the multi-employer claim is raised employs at least 1 employee who—

7. performs the work to which the claim relates; and
8. is a member of 1 of the unions that jointly raise the claim.

9. Despite subsection (1), a union may not raise a multi-employer pay equity claim with employers in respect of work performed by members of the union if—

10. 1 or more of the employers are already parties to a pay equity claim raised by another union or unions in respect of the same or substantially similar work; and
11. 1 or more of the employers are not.

12. A union that is prevented from raising a multi-employer pay equity claim by subsection (4) may raise 2 separate claims in respect of the work, as follows:

13. the union may raise a claim with the employer or employers who are already parties to a union-raised pay equity claim (in which case section 13M applies); and
14. the union may raise a separate claim with the employer or employers who are not already parties to a union-raised pay equity claim (in which case section 13N(3)(b) applies).

15. Despite subsection (1), a pay equity claim may not be raised within 10 years after the date of a pay equity claim settlement if the claim would relate to any or all of the employees covered by the settlement and the work to which the settlement relates, unless the Authority or the court determines, under section 13ZY(1)(b), that the claim may be raised.

16. Subsection (6)—

17. does not apply to a pay equity claim settlement that has been cancelled by the Authority under section 13ZJ(1)(b):
18. overrides subsection (1).