Equal Pay Act 1972

Pay equity claims - Facilitation

13ZW: Recommendation by Authority

You could also call this:

"The Authority's Advice on Fair Pay: helping decide if your pay claim is fair and what you should be paid."

When you are trying to resolve a pay equity claim, the Authority can make a recommendation about some things. The Authority can recommend whether your claim meets all the requirements set out in section 13E. The Authority can also recommend whether your claim has merit.

The Authority can make recommendations about how to reach an agreement and what your pay should be so it is fair for male and female employees, as set out in section 2AAC(b). The Authority can recommend whether your pay should be increased in phases over three years. If the Authority recommends increasing your pay in phases, it must say how this will happen, as explained in section 13ZQ(2A).

When the Authority makes a recommendation about increasing pay in phases, it must think about the things set out in section 13ZY(7). The Authority can tell people about its recommendation in any way it chooses. If the Authority makes a recommendation, you do not have to follow it, but you must think about it before deciding what to do.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427368.


Previous

13ZV: Proposals made or positions reached during facilitation, or

"Proposals made during talks about pay equity are not final after the talks end"


Next

13ZX: Parties must deal with Authority in good faith, or

"Be honest and fair when working with the Authority to sort out pay problems."

Part 4Pay equity claims
Facilitation

13ZWRecommendation by Authority

  1. 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:

  2. whether the claim meets all requirements set out in section 13E:
    1. whether the pay equity claim has merit:
      1. the process the parties should follow to reach agreement:
        1. remuneration that would no longer differentiate between male and female employees in the manner set out in section 2AAC(b):
          1. 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).
            1. 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)).

            2. If the Authority is making a recommendation under subsection (1)(d), it must take into account the matters set out in section 13ZY(7).

            3. The Authority may give public notice of a recommendation in any manner that the Authority determines.

            4. 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
            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).