Equal Pay Act 1972

Pay equity claims - Consolidation of claims

13N: Consolidation of claim raised with additional or new employer with existing union-raised claim

You could also call this:

"Combining pay fairness claims with new or different employers"

If a union has already raised a pay equity claim with an employer, and the employer thinks the claim is valid, this is called an existing claim. You need to know that the union can raise another claim with a different employer if the work is similar. This new claim can be combined with the existing claim if everyone agrees.

If a different union raises a claim with the same employer, or with a different employer, and the work is similar, the claims might be combined. You can read more about this in section 13M. The claims can be combined if the new employer and all parties to the existing claim agree.

If everyone does not agree to combine the claims, the union must deal with the new claim separately.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427280.


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13M: Multiple union claims raised with single employer: unions must consolidate, or

"When two unions make similar pay claims to the same employer, they must combine them into one claim."


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13O: Process to request consent to consolidate, or

"Asking to combine two pay claims into one"

Part 4Pay equity claims
Consolidation of claims

13NConsolidation of claim raised with additional or new employer with existing union-raised claim

  1. This section applies if 1 or more unions have raised a pay equity claim with 1 or more employers who have decided that the claim has merit (an existing claim).

  2. If the union or unions that raised the existing claim subsequently raise a claim with another employer that relates to work that is the same as, or substantially similar to, the work covered by the existing claim and the other employer decides that the claim has merit (an additional employer), the claim raised with the additional employer may be consolidated with the existing claim only if the additional employer and all of the parties to the existing claim consent.

  3. If 1 or more other unions subsequently raise a pay equity claim with 1 or more employers that relates to work that is the same as, or substantially similar to, the work covered by the existing claim (a new claim), and—

  4. if the new claim is raised with 1 or more employers who are already parties to the existing claim, section 13M applies and requires the unions to consolidate the existing claim and the new claim:
    1. if the new claim is raised with 1 or more employers who are not parties to the existing claim, and who decide that the claim has merit (a new employer), the claim raised with the new employer may be consolidated with the existing claim only if the union that raised the new claim, the new employer, and all parties to the existing claim consent.
      1. If the consent of all parties is not obtained to consolidate a claim raised with an additional employer or a new employer with an existing claim as required by subsection (2) or (3)(b), the union must progress the claim raised with the additional employer or the new employer separately.

      Notes
      • Section 13N: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
      • Section 13N(1): amended, on , by section 16 of the Equal Pay Amendment Act 2025 (2025 No 21).
      • Section 13N(2): amended, on , by section 16 of the Equal Pay Amendment Act 2025 (2025 No 21).
      • Section 13N(3)(b) : amended, on , by section 16 of the Equal Pay Amendment Act 2025 (2025 No 21).