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Public Service Act 2020

People working in public service - Public service workforce - Pay equity claims

83: Application of section 13K of Equal Pay Act 1972 where more than 1 department or interdepartmental venture involved in pay equity claim

You could also call this:

"What happens when multiple government departments are involved in a pay equity claim"

When you make a pay equity claim, it might involve more than one department or interdepartmental venture. If this happens and no other employers are involved, the Commissioner does not have to enter into a special agreement with all the departments or ventures. You can find more information about this in section 13K of the Equal Pay Act 1972. If other employers are involved in your pay equity claim, the Commissioner must enter into this special agreement.

If the Commissioner gives a chief executive of a department or board of an interdepartmental venture the power to negotiate your pay equity claim, the usual rules do not apply. In this case, the department or venture must follow the requirements in section 13K of the Equal Pay Act 1972. This means they have to do what the law says about pay equity claims.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS268148.

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Part 3People working in public service
Public service workforce: Pay equity claims

83Application of section 13K of Equal Pay Act 1972 where more than 1 department or interdepartmental venture involved in pay equity claim

  1. In relation to the requirements under section 13K of the Equal Pay Act 1972,—

  2. if a pay equity claim involves more than 1 department or interdepartmental venture but there are no other employers involved in the claim, the Commissioner is not required (and the departments or interdepartmental ventures involved in the claim are not required) to enter into a multi-employer pay equity process agreement:
    1. if a pay equity claim involves more than 1 department or interdepartmental venture and there are also other employers involved in the claim, the Commissioner must enter into a multi-employer pay equity process agreement in the Commissioner’s name (and the departments and interdepartmental ventures involved are not required to enter into the agreement).

      1. If the Commissioner has delegated the powers to negotiate a pay equity claim to any chief executive of a department or board of an interdepartmental venture involved in the claim,—

      2. subsection (1) does not apply; and
        1. the requirements in section 13K of the Equal Pay Act 1972 apply to the department or interdepartmental venture.

          Notes
          • Section 83: replaced, on , by section 30 of the Equal Pay Amendment Act 2020 (2020 No 45).