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Equal Pay Act 1972

Pay equity claims - Determination by Authority

13ZZ: Union must notify employees covered by union-raised claim before applying for determination by Authority

You could also call this:

"Unions must tell employees about pay claims before taking action to the Authority."

If a union wants to apply to the Authority for a determination that fixes pay, they must tell you first if you are an employee covered by the union's claim. The union must give you notice that includes the date they plan to file the application and what will happen if the Authority makes a determination, such as your pay being increased in three annual phases, as stated in section 13ZY(6). You will also be told that if the Authority makes a determination, your employment agreement will be changed and you will not be able to make your own claim about pay equity.

The notice must also tell you that you can opt out, and the last day you can do this is the day before the union files the application, as stated in section 13Y. The union must give you this notice a reasonable time before they file the application. This means you will have time to think about what you want to do before the union takes any further action.

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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=LMS427376.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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13ZY: Parties may apply for determination by Authority, or

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Part 4Pay equity claims
Determination by Authority

13ZZUnion must notify employees covered by union-raised claim before applying for determination by Authority

  1. Before a union applies to the Authority for a determination under section 13ZY(1)(i) that fixes remuneration, the union must notify each employee who is covered by the union-raised claim.

  2. The notice must—

  3. specify the date on which the union proposes to file the application for a determination; and
    1. advise the employee of the consequences of the Authority making the determination, including that,—
      1. if remuneration is increased, it will be increased to the determined level in 3 annual phases of equal amounts or proportions starting at the date of the pay equity claim settlement (see section 13ZY(6)); and
        1. the employee’s employment agreement will be varied and the employee will lose the right to bring their own claim relating to pay equity); and
        2. advise the employee that the day before the date on which the union proposes to file the application for a determination is the final date on which the employee may opt out under section 13Y.

          1. The notice must be given a reasonable time before the date on which the union proposes to file the application.

          Notes
          • Section 13ZZ: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
          • Section 13ZZ(1): amended, on , by section 39(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13ZZ(2)(b): replaced, on , by section 39(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13ZZ(2)(c): inserted, on , by section 39(2) of the Equal Pay Amendment Act 2025 (2025 No 21).