New Zealand Acts

EQUAL PAY ACT 1972 - SECT 13I

13I Requirements for claim raised by union or unions

1 A pay equity claim raised by a union or unions—

a) must—

i) state the name and address for service of the union, or for each of the unions if more than 1 are acting jointly; and

ii) state the date on which the claim is made; and

iii) contain a description of the work performed by the employees to be covered by the union-raised claim; and

b) must—

i) explain how all of the employees to be covered by the claim perform work that is the same or substantially similar; and

ii) include the evidence that the union or unions rely on in support of that explanation, including any evidence prescribed by regulations; and

ba) must include—

i) the elements required for a pay equity claim to have merit; and

ii) the evidence that the union or unions rely on in support of those elements; and

c) in the case of a claim raised with multiple employers, must include a notice to each of the employers of their obligations under section 13K to enter a multi-employer pay equity process agreement with the other employers with whom the claim is raised.

2 A union that raises a pay equity claim with an employer is not required to name the employees who perform the work to which the claim relates.

3 A pay equity claim raised by 1 or more unions with multiple employers must also include—

a) the name of each employer with whom the claim is raised; and

b) a brief explanation of how the work performed by the employees covered by the union-raised claim is considered to be the same or substantially similar.

History: Section 13I: inserted, on 6 November 2020, by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).   Section 13I(1)(a)(iii): amended, on 14 May 2025, by section 13(1) of the Equal Pay Amendment Act 2025 (2025 No 21).     Section 13I(1)(b): replaced, on 14 May 2025, by section 13(2) of the Equal Pay Amendment Act 2025 (2025 No 21).     Section 13I(1)(ba): inserted, on 14 May 2025, by section 13(2) of the Equal Pay Amendment Act 2025 (2025 No 21).