13ZZGPay equity claims by employees in education service

1. For the purposes of a pay equity claim by 1 or more employees in the education service (other than employees of a tertiary education institution), or by a union representing those employees, (an education service claimant), the Public Service Commissioner—

2. must be treated as the employer; and
3. has the same rights, duties, and obligations under this Act as the Commissioner would have if the Commissioner were the employer.

4. If the Commissioner decides that a pay equity claim by an education service claimant has merit, or if the Authority or the court determines that such a claim has merit, the Commissioner must enter into the pay equity bargaining process described in sections 13ZC to 13ZZC—

5. with the education service claimant; and
6. in consultation with—
   1. the chief executive of the Ministry of Education; and
   2. representatives of the employer or employers who will be bound by the pay equity claim settlement agreement (which representatives must be employers, or organisations of employers, of persons employed in the education service).

7. Every pay equity claim settlement agreement entered into between the Commissioner and an education service claimant is binding on the employer or employers of the persons whose work is covered by the agreement.

8. An employer who is bound by a pay equity claim settlement agreement under subsection (3) has the rights, obligations, and duties that the employer would have, in respect of that pay equity claim settlement agreement, if that employer were a party to that agreement.

9. For the purposes of a pay equity claim by 1 or more employees of a tertiary education institution or by a union representing those employees, the chief executive of the tertiary education institution is responsible (either individually or jointly through an organisation of employers of persons employed in tertiary education institutions) for deciding whether the claim meets all requirements set out in section 13E and has merit and, if so, entering into the pay equity bargaining process described in sections 13ZC to 13ZZC.

10. Before entering into a pay equity claim settlement, the chief executive of a tertiary education institution, or an organisation of employers of persons employed in tertiary education institutions, must consult with the Public Service Commissioner.

11. In this section,—

    education service has the same meaning as in section 10(7) of the Education and Training Act 2020

    Public Service Commissioner or Commissioner means the Public Service Commissioner appointed under section 42 of the Public Service Act 2020

    tertiary education institution means an institution within the meaning of section 10 of the Education and Training Act 2020.