13ZLOffers of benefit of pay equity claim settlement to other employees

1. In this section, offered the benefit of a settlement, in the case of an employee, means that the employee is—

2. offered the same remuneration (and other terms and conditions of employment included in the settlement, if any) as the other employee or employees who are covered by the pay equity claim settlement; and
3. offered the same offer of remuneration for past work, if the parties agreed to include remuneration for past work in the pay equity claim settlement, and if the employee would qualify for that offer; and
4. advised that acceptance of the offer will have the effect that the employee is barred from raising a claim in relation to pay equity in accordance with sections 2B and 13E(6).

5. An employer who is a party to a pay equity claim settlement with a union must offer the benefit of that settlement to each employee of the employer who, on the date of the settlement,—

6. is employed to perform the same, or substantially similar, work as the work to which the pay equity claim settlement relates; and
7. is not covered by the union-raised claim; and
8. is not barred from raising a pay equity claim under section 2B; and
9. has not already—
   1. settled a pay equity claim with the employer in respect of the work to which the union claim relates; or
   2. accepted an offer of the benefit of a pay equity settlement from the employer in respect of the work to which the union claim relates.

10. The offer of the benefit of the settlement under subsection (2) must be made as soon as is reasonably practicable after the date of the settlement of the union-raised claim.

11. An employer who is a party to a pay equity claim settlement with an individual employee may offer the benefit of that settlement to 1 or more other employees who, on the date of the settlement,—

12. are employed to perform the same, or substantially similar, work as the work to which the pay equity claim settlement relates; and
13. are not barred from raising a pay equity claim under section 2B; and
14. have not already—
    1. settled a pay equity claim with the employer in respect of the work to which the claim relates; or
    2. accepted an offer of the benefit of a pay equity settlement from the employer in respect of the work to which the claim relates.

15. An employer who is a party to a pay equity claim settlement with a union must offer the benefit of that settlement to each new employee who, after the date of the settlement, is employed to perform the same, or substantially similar, work as the work to which the pay equity claim settlement relates.

16. The offer of the benefit of the settlement under subsection (5) must be made at the same time as the offer of employment.

17. An employer who is a party to a pay equity claim settlement with an individual employee may offer the same remuneration and other terms and conditions of employment agreed in that settlement to a new employee, but that offer is not an offer of the benefit of a settlement for the purposes of this Act.

18. Nothing in this section prevents an employer and an employee from agreeing to a term or condition of employment in an employment agreement that is more favourable to the employee than the terms and conditions of employment in a pay equity claim settlement.