13SEmployer’s obligations after deciding whether claim has merit

1. This section applies to an employer who makes the decision required by section 13Q(1A) or who is deemed by section 13Q(4) to have accepted that a pay equity claim has merit.

2. An employer who decides that the claim has merit must—

3. give notice to the claimant advising that the employer has decided that the claim has merit; and
4. provide information to the claimant about the pay equity bargaining process under sections 13ZC to 13ZZC; and
5. enter into the pay equity bargaining process with the claimant.

6. An employer who decides that the claim does not have merit must give notice to the claimant that—

7. sets out the reasons for the employer’s decision; and
8. describes the effect of the decision as set out in subsection (3A); and
9. explains the steps that the claimant may take to challenge the employer’s decision, including advice that—
   1. the claimant may seek further details of the reasons for the employer’s decision:
   2. the claimant may refer the question of whether the claim has merit to mediation under section 13ZO:
   3. the parties may refer the question of whether the claim has merit to the Authority for facilitation under sections 13ZP to 13ZX if all of the parties agree and if 1 or both of the grounds in section 13ZR(2) exist:
   4. the claimant may apply to the Authority under section 13ZY for a determination as to whether the pay equity claim has merit and that, if the claimant does so, the Authority will first consider whether an attempt has been made to resolve the question by facilitation or mediation.

10. A notice under subsection (3) has the effect of discontinuing the pay equity claim from the date on which the employer gives the notice, but the discontinuance of the claim does not prevent—

11. the parties from agreeing to reverse the employer’s decision; or
12. the claimant from applying to the Authority for a determination in relation to the employer’s decision; or
13. a new claim that complies with section 13DA from being raised.

14. If the parties agree to reverse the employer’s decision, the claim is no longer discontinued.

15. An employer must, as soon as is practicable after becoming aware that they have been deemed to have accepted that a pay equity claim has merit under section 13Q(4),—

16. give notice to the claimant advising that the employer is deemed to have accepted that the pay equity claim has merit under section 13Q(4); and
17. provide information to the claimant about the pay equity bargaining process under sections 13ZC to 13ZZC; and
18. enter into the pay equity bargaining process with the claimant.