Part 4Pay equity claims
Consolidation of claims
13NConsolidation of claim raised with additional or new employer with existing union-raised claim
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).
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.
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—
- 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:
- 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.
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).