Equal Pay Act 1972

Pay equity claims - Affected employees automatically covered by union claims

13ZA: New employees covered by union-raised claim

You could also call this:

"New employees doing similar work are covered by a union's pay claim and must be told about it."

If a union makes a pay equity claim with your employer, and you start a new job doing similar work, this law applies to you. Your employer must tell you about the pay equity claim as soon as possible, and no later than 20 working days after you start your job. They must give you this information in writing, in plain language, and include details set out in Part 2 of Schedule 2.

Your employer's notice must also say when it was given. If you do not opt out in writing within 20 working days, your employer will give your name and contact details to the union. You can opt out by following the rules in section 13Y.

Your employer has to follow these rules if a pay equity claim is made and you are doing similar work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427311.


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

13ZANew employees covered by union-raised claim

  1. This section applies if—

  2. 1 or more unions raise a pay equity claim with an employer; and
    1. the claim has not been settled; and
      1. a person (the new employee) is employed to perform work that is the same as, or substantially similar to, the work that is the subject of the pay equity claim.
        1. The employer must give notice of the pay equity claim to the new employee as soon as practicable and no later than 20 working days after the new employee commences employment.

        2. The notice must—

        3. contain the information set out in Part 2 of Schedule 2; and
          1. state the date on which it is given; and
            1. be given in writing and expressed in plain language.
              1. If the new employee does not opt out by giving the employer notice in writing under section 13Y within 20 working days of the date of the notice under subsection (2), the employer must give notice to the union or unions of the name of the new employee and the employee’s contact details for the provision of written information.

              Notes
              • Section 13ZA: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).