Part 4Pay equity claims
Settling pay equity claim
13ZFRequirement for union to obtain mandate before settling pay equity claim
This section applies to—
- a union that is the claimant in a pay equity claim; and
- each employee who is covered by the union-raised claim (proposed settlement employee).
The union must establish a process for proposed settlement employees to vote on whether to approve or decline a proposed pay equity claim settlement.
The union must, before the process begins, give notice of the process to—
- the proposed settlement employees; and
- the employer or employers who are parties to the claim.
The process must ensure that—
- each proposed settlement employee is entitled to vote and all votes have equal weight; and
- each proposed settlement employee is provided with a copy of a proposed pay equity claim settlement within a reasonable time before voting starts; and
- each proposed settlement employee is given reasonable notice—
- that they are entitled to vote; and
- of the final date by which their vote must be cast; and
- of the method by which votes may be cast; and
- that, if the proposed pay equity claim settlement is approved, the union must sign it; and
- of the consequences of the union entering into the settlement (including that the employee’s employment contract will be varied and the employee will lose the ability to bring their own claim relating to pay equity); and
- that the final date by which their vote must be cast is also the final date on which employees who are not members of the union may opt out under section 13Y.
- that they are entitled to vote; and
A union may not enter into a pay equity claim settlement unless—
- a vote has been taken in accordance with the process established under subsection (2); and
- a simple majority of those proposed settlement employees who voted, voted in favour of approving the proposed pay equity claim settlement.
Notes
- Section 13ZF: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).