Part 4Pay equity claims
Facilitation
13ZWRecommendation by Authority
While assisting parties to resolve an issue related to a pay equity claim, the Authority may make a recommendation about any matter that relates to the pay equity claim, including, but not limited to, recommendations as to the following:
- whether the claim meets all requirements set out in section 13E:
- whether the pay equity claim has merit:
- the process the parties should follow to reach agreement:
- remuneration that would no longer differentiate between male and female employees in the manner set out in section 2AAC(b):
- whether remuneration agreed by the parties should be increased to the agreed level in phases and, if so, 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).
If the Authority makes a recommendation under subsection (1)(c), it must also specify that remuneration is to be increased in 3 annual phases of equal amounts or proportions starting at the date of the pay equity claim settlement (see section 13ZQ(2A)).
If the Authority is making a recommendation under subsection (1)(d), it must take into account the matters set out in section 13ZY(7).
The Authority may give public notice of a recommendation in any manner that the Authority determines.
A recommendation made by the Authority is not binding on a party, but a party must consider a recommendation before deciding whether to accept it.
Compare
- 2000 No 24 s 50H
Notes
- Section 13ZW: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 13ZW(1)(aaa): inserted, on , by section 37(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZW(1)(a): amended, on , by section 37(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZW(1)(d): inserted, on , by section 37(3) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZW(1A): inserted, on , by section 37(4) of the Equal Pay Amendment Act 2025 (2025 No 21).
- Section 13ZW(1B): inserted, on , by section 37(4) of the Equal Pay Amendment Act 2025 (2025 No 21).