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Public Service Act 2020

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

83B: Pay equity settlement binding on chief executive or board affected

You could also call this:

"Bosses must follow pay equity agreements made with employees"

Illustration for Public Service Act 2020

If you are a chief executive of a department or a board of an interdepartmental venture, you must follow a pay equity claim settlement agreement. This agreement is between the Commissioner and one or more unions, or the Commissioner and one or more employees of the public service. You have the same rights and obligations as if you were a part of the agreement.

You are responsible for making sure the agreement is followed in your department or interdepartmental venture. This means you must give effect to the pay equity claim settlement between the Commissioner and public service employees. The Commissioner and the employees made this agreement, and now you must make it happen.

As a chief executive or board, you have to do what the agreement says, even if you were not part of making it. You can find more information about how this law was changed by the Equal Pay Amendment Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS423313.

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83A: Commissioner to enter negotiations in consultation with affected department or interdepartmental venture, or

"Commissioner talks to departments about fair pay negotiations."

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84: Delegation of Commissioner’s functions and powers to negotiate pay equity claim, or

"The boss of the public service can pass some jobs to other leaders to help fix unfair pay problems."

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

83BPay equity settlement binding on chief executive or board affected

  1. Every pay equity claim settlement agreement entered into between the Commissioner and 1 or more unions or between the Commissioner and 1 or more employees of the public service is binding on the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

  2. A chief executive of a department who, or board of an interdepartmental venture that, is bound by a pay equity claim settlement agreement under subsection (1) has the rights, functions, and obligations that the chief executive or board would have, in respect of that pay equity claim settlement, if that chief executive or board were a party to that settlement.

  3. Responsibility for giving effect to any pay equity claim settlement between the Commissioner and 1 or more public service employees lies with the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

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