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Equal Pay Act 1972

Pay equity claims - Affected employees automatically covered by union claims

13Y: Employees may opt out of pay equity claim raised by union

You could also call this:

"You can choose not to be part of a union's equal pay claim if you're not a union member."

If you are an employee covered by a union's pay equity claim, but you are not a member of that union, you can choose to opt out. You do this by giving your employer written notice within 20 working days after they give you notice under section 13V(1) or 13ZA(2).

You can also give notice to both your employer and the union that made the claim after the 20 working days are up. You must give this notice before the union votes on a proposed settlement or before they ask the Authority to make a decision about your pay under section 13ZY(1)(i).

If you are a member of the union, you cannot opt out of the claim while you are still a member, but you can cancel your membership and then opt out.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427306.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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13X: Union may not require fees from non-members, or

"Unions can't make non-members pay fees for help with a claim"

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13Z: Employer must notify union of employees covered by union-raised claim, or

"Employer must tell the union about employees affected by a pay claim"

Part 4Pay equity claims
Affected employees automatically covered by union claims

13YEmployees may opt out of pay equity claim raised by union

  1. An employee who is covered by a union-raised claim and is not a member of the union (or of any of the unions) that raised the claim may opt out by giving notice in writing—

  2. to the employee’s employer within 20 working days after the date of the notice under section 13V(1) or 13ZA(2) (as applicable); or
    1. to both the employee’s employer and the claimant after that time.

      1. A notice opting out must be given before the earlier of—

      2. the final date for voting on a proposed pay equity claim settlement (see section 13ZF(4)(c)(ii)); and
        1. the day before the date on which the claimant applies to the Authority for a determination under section 13ZY(1)(i) that fixes remuneration.

          1. An employee who is a member of the union may not opt out of a claim raised by the union with the employee’s employer while remaining a member of the union (but may cancel membership of the union and then opt out).

          Notes
          • Section 13Y: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
          • Section 13Y(2)(b): amended, on , by section 27 of the Equal Pay Amendment Act 2025 (2025 No 21).