New Zealand Acts

EQUAL PAY ACT 1972 - SECT 13C

13C Good faith in pay equity claim process

1 The duty of good faith in section 4 of the Employment Relations Act 2000 applies to the parties to a pay equity claim, as if references in that section to a collective agreement were references to a pay equity claim settlement.

2 The duty of good faith in section 4 of the Employment Relations Act 2000 requires the parties to, at least,—

a) follow the process set out in this Part to resolve the pay equity claim; and

b) in the case of multiple employer parties required by section 13K to enter into a multi-employer pay equity process agreement, use their best endeavours to enter into that agreement in an effective and efficient manner; and

c) in the case of multiple union parties required by section 13M to consolidate their claims, use their best endeavours to agree on how they will progress the consolidated claim; and

d) use their best endeavours to enter into an arrangement, as soon as possible after the start of pay equity bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and

e) use their best endeavours to settle the pay equity claim in an orderly, timely, and efficient manner; and

f) recognise the role and authority of any person chosen by each of the parties to be that person’s representative or advocate, and not (directly or indirectly) bargain about matters relating to the pay equity claim with the person for whom a representative or advocate acts (unless the parties agree otherwise); and

g) not undermine, or do anything that is likely to undermine, the bargaining or the authority of another party in the bargaining.

3 The duty of good faith in section 4 of the Employment Relations Act 2000 , which applies to the relationship between a union and a member of the union, also applies to the relationship between a union and an employee who is not a member of the union if the employee is covered by the union-raised claim.

Note: 2000 No 24 s 32

History: Section 13C: inserted, on 6 November 2020, by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).