Employers will receive a pay equity claim from NZEI Te Riu Roa for members doing the same or similar work in their employ.
The claim will state the following information:
- The name and address for service of the NZEI Te Riu Roa claim
- The date on which the claim is made
- A brief description of the work performed by the employees to be covered by the union-raised claim
- Briefly set out the information that the claimant relies on in support of the elements required for an arguable pay equity claim under section 13F
- If it is a multi-employer claim, it will include a notice of your obligations under section 13K to enter a multi-employer pay equity process agreement with the other employers with whom the claim is raised
- The name/s of each employer/s with whom the claim has been raised
- If it is a multi-employer claim it will include a brief explanation of how the work performed by the employees covered by the claim is the same or substantially similar.
The claim will not include the name of any individual NZEI Te Riu Roa members.
If the claim has been raised with multiple employers, they will receive a list of the other employers covered by the claim. Under section 13K of the Act, employers are required to contact the other employers and enter a single multi-employer pay equity process agreement for the purposes of deciding whether a claim is arguable and for the purpose of the pay equity bargaining process.
Employers may opt out of the multi-employer process only for genuine reasons based on reasonable grounds; however, employer must still advance a pay equity claim.
The pay equity process agreement must set out:
- Who will represent the employers (if it is a multi-employer claim)
- How decisions relating to the claim will be made
Requirements under the legislation
Step 1 - Receiving the claim
An employer who receives a pay equity claim must:
- Give written notice of receipt to NZEI Te Riu Roa.
- Give written notice and a copy of the claim to any other unions that represent employees who do work that is the same as, or substantially similar to the claim.
Step 2 - Agreeing the claim is arguable
An employer must enter a single multi-employer pay equity process if the claim is across multiple employers.
Employers must give joint notice whether they agree the claim is arguable within 45 working days of receipt. This timeframe may be extended with a written notice to NZEI Te Riu Roa. The maximum extension on the timeframe is an additional 80 working days.
Step 3 - Giving notice to affected employees
Each employer must individually give notice to affected employees that a pay equity claim has been raised and it is arguable within 20 working days of agreeing arguability.
This can be extended under reasonable grounds by an extra 25 working days with a written notice to NZEI Te Riu Roa.
Step 4 - Notice period for employees
There is a 20 working day notice period for employees covered by the claim. This starts from when the employer provides notice to the employees that a pay equity claim has been raised and is arguable.
Once the 20 working day notice has passed, employer/s must provided NZEI Te Riu Roa with the contact details of all employees covered by the claim (including non-members) as soon as is reasonably practicable.
Section 13ZB – 13ZZE of the Act sets out the Pay Equity Bargaining Process once arguability is agreed.