Part 4Pay equity claims
Settling pay equity claim
13ZMEffect of pay equity claim settlement on employment agreements
A pay equity claim settlement binds—
- every employer who was a party to the claim; and
- every employee who is covered by the pay equity claim settlement.
The employment agreement (whether individual or collective) of an employee who is covered by a pay equity claim settlement is deemed to be varied to—
- require the employer to pay the employee the remuneration agreed in the pay equity claim settlement, if that remuneration exceeds the amount specified in the employment agreement before the variation required by this section; and
- include any other terms or conditions that are included in the pay equity claim settlement and that are more favourable to the employee than the terms and conditions of employment in the employee’s employment agreement before the variation required by this section.
The variation referred to in subsection (2) is effective from—
- the date of the pay equity claim settlement; or
- in the case of an employee who accepts an offer of the benefit of the pay equity claim settlement, the date on which the employee accepts that offer.
A pay equity claim settlement that contains a term or condition that excludes, restricts, or reduces an employee’s entitlements under the employee’s employment agreement has no effect to the extent that it does so.
Nothing in this Act 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.
Notes
- Section 13ZM: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).