Equal Pay Act 1972

Pay equity claims - Settling pay equity claim

13ZN: Relationship between pay equity claims and collective bargaining

You could also call this:

"How collective agreements affect ongoing pay equity claims"

If you are an employer and you agree to a collective agreement with a union under the Employment Relations Act 2000, this does not mean you have settled any pay equity claims that are still ongoing. You can still have unsettled pay equity claims even if you have a collective agreement with a union. When you are bargaining with a union, having an unsettled pay equity claim is not a good reason to stop the bargaining process for the purposes of section 33 of the Employment Relations Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427346.


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13ZM: Effect of pay equity claim settlement on employment agreements, or

"What happens to your job agreement when a pay equity claim is settled"


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13ZNA: Relationship between pay equity claims and fair pay agreements, or

"How equal pay claims and fair pay agreements work together"

Part 4Pay equity claims
Settling pay equity claim

13ZNRelationship between pay equity claims and collective bargaining

  1. The entry into a collective agreement in accordance with the collective bargaining provisions of the Employment Relations Act 2000 by an employer and a union does not settle or extinguish an unsettled pay equity claim to which the employer is a party.

  2. The existence of an unsettled pay equity claim between an employer and an employee is not a genuine reason for failing to conclude collective bargaining between that employer and a union representing the employer’s employees for the purposes of section 33 of the Employment Relations Act 2000.

Notes
  • Section 13ZN: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
  • Section 13ZN(2): amended, on , by section 33 of the Equal Pay Amendment Act 2025 (2025 No 21).