Equal Pay Act 1972

Pay equity claims - Raising pay equity claims

13I: Requirements for claim raised by union or unions

You could also call this:

"What unions need to include when making a fair pay claim"

When you raise a pay equity claim with your employer through a union, you must include some important details. You need to state the name and address of the union, the date the claim is made, and describe the work the employees do. You also need to explain how the employees' work is the same or similar and include evidence to support this.

You must include the key elements that make the claim valid and the evidence to back these up. If you are raising the claim with multiple employers, you need to notify each employer of their obligations under section 13K to work together with the other employers.

If a union raises a pay equity claim, they do not have to name the specific employees who do the work related to the claim. When a claim is raised with multiple employers, the union must include the name of each employer and a brief explanation of how the work is similar.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427260.


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13J: Employer must acknowledge receipt of pay equity claim and notify unions, or

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Part 4Pay equity claims
Raising pay equity claims

13IRequirements for claim raised by union or unions

  1. A pay equity claim raised by a union or unions—

  2. must—
    1. state the name and address for service of the union, or for each of the unions if more than 1 are acting jointly; and
      1. state the date on which the claim is made; and
        1. contain a description of the work performed by the employees to be covered by the union-raised claim; and
        2. must—
          1. explain how all of the employees to be covered by the claim perform work that is the same or substantially similar; and
            1. include the evidence that the union or unions rely on in support of that explanation, including any evidence prescribed by regulations; and
            2. must include—
              1. the elements required for a pay equity claim to have merit; and
                1. the evidence that the union or unions rely on in support of those elements; and
                2. 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.
                  1. 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.

                  2. A pay equity claim raised by 1 or more unions with multiple employers must also include—

                  3. the name of each employer with whom the claim is raised; and
                    1. 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).