Part 4Pay equity claims
Mediation
13ZOParties may refer issues to mediation
Any party to a pay equity claim may refer any 1 or more issues relating to that claim to mediation services provided under Part 10 of the Employment Relations Act 2000.
Issues that may be referred to mediation services include, but are not limited to, the following:
- a dispute as to whether a claim meets all requirements set out in section 13E:
- a dispute as to whether the pay equity claim has merit (see section 13F):
- a dispute as to whether an employee’s work is the same as, or substantially similar to, work that is the subject of a pay equity claim raised by a union with the employee’s employer, for the purposes of determining whether or not the employee is, or is to be, covered by the union-raised claim:
- a dispute relating to the selection of appropriate comparators for the purposes of the assessment required by section 13ZD:
- a dispute as to whether proposed remuneration no longer differentiates between male and female employees in the manner set out in section 2AAC(b) for the purposes of settling a pay equity claim:
- a dispute as to whether remuneration agreed by the parties should be increased to the agreed level in phases and, if so, as to the number of phased instalments, their amounts or proportions, and their timing (over a maximum period of 3 years from the date of the pay equity claim settlement).
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If an issue relating to a pay equity claim is referred to mediation services, sections 145 to 154 of the Employment Relations Act 2000 apply, with all necessary modifications.
Notes
- Section 13ZO: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 13ZO(2)(aaa): inserted, on , by section 34(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZO(2)(a): amended, on , by section 34(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZO(2)(c): amended, on , by section 34(3) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 3ZO(2)(da): inserted, on , by section 34(4) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZO(2)(e): repealed, on , by section 34(5) of the Equal Pay Amendment Act 2025 (2025 No 21).