Part 4Pay equity claims
Pay equity bargaining process
13ZDMatters to be assessed
The parties to a pay equity claim must assess all matters set out in subsection (2)—
- to determine whether, and the extent to which, the work to which the claim relates has been subject to sex-based undervaluation when compared with the valuation of the work performed by appropriate comparators; and
- by reference to—
- the reasons for historical undervaluation set out in section 13F(2); and
- in relation to continued systemic undervaluation, all relevant matters including the reasons set out in section 13F(3).
- the reasons for historical undervaluation set out in section 13F(2); and
The matters to be assessed are as follows:
- the nature of the work to which the claim relates, and the nature of the work of appropriate comparators, including, in each case, the following:
- the skills required:
- the responsibilities imposed:
- the level of experience required to perform the work:
- the conditions of work:
- the degree of effort required to perform the work:
- any other relevant work features:
- the skills required:
- the terms and conditions of employment (other than remuneration) of—
- the persons who perform the work to which the claim relates; and
- appropriate comparators:
- the persons who perform the work to which the claim relates; and
- the remuneration that is paid to—
- the persons who perform the work to which the claim relates; and
- appropriate comparators:
- the persons who perform the work to which the claim relates; and
- any other matters prescribed by regulations.
In making the assessments, the parties must—
- consider matters objectively and without assumptions based on sex, taking the following into account:
- prevailing views as to the value of work are not necessarily free of assumptions based on sex:
- undervaluations or other differences in remuneration that are identified are not necessarily based on sex; and
- prevailing views as to the value of work are not necessarily free of assumptions based on sex:
- recognise the importance of skills, responsibilities, effort, and conditions that are or have been commonly overlooked or undervalued in work that is performed by a workforce that is at least 70% female (for example, social and communication skills, taking responsibility for the well-being of others, cultural knowledge, and sensitivity); and
- make the determination referred to in subsection (1)(a) only by considering the work to which the claim relates since the time when that work came to be performed by a workforce that is at least 70% female.
Notes
- Section 13ZD: replaced, on , by section 29 of the Equal Pay Amendment Act 2025 (2025 No 21).