Part 4Pay equity claims
Raising pay equity claims
13IRequirements for claim raised by union or unions
A pay equity claim raised by a union or unions—
- must—
- state the name and address for service of the union, or for each of the unions if more than 1 are acting jointly; and
- state the date on which the claim is made; and
- contain a description of the work performed by the employees to be covered by the union-raised claim; and
- state the name and address for service of the union, or for each of the unions if more than 1 are acting jointly; and
- must—
- explain how all of the employees to be covered by the claim perform work that is the same or substantially similar; and
- include the evidence that the union or unions rely on in support of that explanation, including any evidence prescribed by regulations; and
- explain how all of the employees to be covered by the claim perform work that is the same or substantially similar; and
- must include—
- the elements required for a pay equity claim to have merit; and
- the evidence that the union or unions rely on in support of those elements; and
- the elements required for a pay equity claim to have merit; and
- in the case of a claim raised with multiple employers, must include a notice to each of the employers of their obligations under section 13K to enter a multi-employer pay equity process agreement with the other employers with whom the claim is raised.
A union that raises a pay equity claim with an employer is not required to name the employees who perform the work to which the claim relates.
A pay equity claim raised by 1 or more unions with multiple employers must also include—
- the name of each employer with whom the claim is raised; and
- a brief explanation of how the work performed by the employees covered by the union-raised claim is considered to be the same or substantially similar.
Notes
- Section 13I: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 13I(1)(a)(iii): amended, on , by section 13(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13I(1)(b): replaced, on , by section 13(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13I(1)(ba): inserted, on , by section 13(2) of the Equal Pay Amendment Act 2025 (2025 No 21).