In this Act, unless the context otherwise requires,—
Agreement means any agreement specified in paragraph (d) or paragraph (e) of the definition of the term instrument in this subsection
Agricultural workers order means any order made under Part 3 of the Agricultural Workers Act 1962
Apprenticeship order means any apprenticeship order within the meaning of the Apprenticeship Act 1983
Appropriate authority, in relation to any instrument, means the authority having jurisdiction under any Act to fix rates of remuneration payable under that instrument
Award means an award made under the Industrial Relations Act 1973 or any corresponding former Act, the Aircrew Industrial Tribunal Act 1971, or the Agricultural Workers Act 1977; and includes an agreement deemed to be an award by section 33(2) of the Agricultural Workers Act 1977
Award: this definition was substituted, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108).
Commission
[Repealed]
Commission: this definition was repealed, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108).
Court means the Employment Court constituted under the Employment Relations Act 2000
Court or Arbitration Court: this definition was substituted, as from 17 April 1978, by section 6(2) Industrial Relations Act 1977 (1977 No 108).
Court: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employee has the same meaning as in the Employment Relations Act 2000; but does not include—
(a)
Any person whose rate of remuneration is fixed under the State Sector Act 1988:
(b)
[Repealed]
(c)
Any person whose rate of remuneration is fixed under section 52 of the Hospitals Act 1957 (as substituted by section 4(1) of the Hospitals Amendment Act 1976):
(d)
[Repealed]
(e)
Any person whose rate of remuneration is fixed pursuant to regulations made under section 22 of the Education Act 1964 or under section 60A of that Act (as inserted by section 8 of the Education Amendment Act 1976):
Employer means any person employing an employee or employees
Employer: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employment Relations Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000
Employment Relations Authority: this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employment Tribunal
[Repealed]
Employment Tribunal: this definition was inserted, as from 15 May 1991, by section 2(1) Equal Pay Amendment Act 1991 (1991 No 25).
Employment Tribunal: this definition was repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Equal pay means a rate of remuneration for work in which rate there is no element of differentiation between male employees and female employees based on the sex of the employees
First increment date means—
(a)
In relation to any award, the first increment date determined under subsection (2) of section 6 of this Act:
(b)
In relation to any other instrument, the first increment date determined under the said subsection (2), as applied to such instruments by section 7 of this Act:
Industrial agreement means an industrial agreement made under the Industrial Conciliation and Arbitration Act 1954 and includes a collective agreement made under the Industrial Relations Act 1973 and a collective agreement made under the Employment Relations Act 2000
Industrial agreement: this definition was amended, as from 2 October 1973, by section 5 Equal Pay Amendment Act 1973 (1973 No 23) by inserting the words “and includes a collective agreement made under the Industrial Relations Act 1973”.
Industrial agreement: this definition was further amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by inserting the words “and a collective agreement made under the Employment Relations Act 2000”.
Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000
Inspector: this definition was substituted, as from 31 August 1990, by section 2 Equal Pay Amendment Act 1990 (1990 No 111).
Inspector: this definition was amended, as from 15 May 1991, by section 143 Employment Contracts Act 1991 (1991 No 22) by substituting the words “section 143 of the Employment Contracts Act 1991” for the words “section 197A of the Labour Relations Act 1987”.
Inspector: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Instrument means—
(a)
Any award, industrial agreement, or apprenticeship order:
(b)
Any agreement under section 8 of the Labour Disputes Investigation Act 1913:
(ba)
Any agreement filed with the Registrar of the Court under section 141 of the Industrial Relations Act 1973:
(c)
Any agricultural workers order, waterfront industry order, or any order or determination fixing rates of remuneration made by any Court or tribunal or employing authority under any enactment:
(d)
Any collective or ruling rates agreement, whether in writing or not, made between a workers' union and an employer or an employers' union or a society or body of employers:
(e)
Any other agreement, whether in writing or not, made between an employee and an employer or an employers' union or a society or body of employers, or between a group of employees and an employer or an employers' union or a society or body of employers; and includes an employment contract within the meaning of the Employment Contracts Act 1991:.
(f)
Any decision, whether recorded in writing or not, made by an employer fixing the rate of remuneration for an individual employee or a group of 2 or more employees; and for the purposes of this Act the employer and the employee or, as the case may be, each of the employees who are members of that group shall be deemed to be parties to the instrument:
Instrument: paragraph (ba) of this definition was inserted, as from 2 October 1973, by section 5 Equal Pay Amendment Act 1973 (1973 No 23).
Instrument: paragraph (e) of this definition was amended, as from 15 May 1991, by section 2(2) Equal Pay Amendment Act 1991 (1991 No 25) by inserting the words “and includes an employment contract within the meaning of the Employment Contracts Act 1991”.
Instrument: paragraph (f) of this definition was inserted, as from 14 November 1976, by section 2(1) Equal Pay Amendment Act 1976 (1976 No 49).
Remuneration, in relation to any employee, means the salary or wages actually and legally payable to that employee; and includes—
(a)
Time and piece wages and overtime and bonus and other special payments:
(b)
Allowances, fees, commission, and every other emolument, whether in one sum or several sums, and whether paid in money or not:
Waterfront industry order means a principal order made under the Waterfront Industry Commission Act 1976.
Waterfront industry order: this definition was amended, as from 1 August 1987, by section 2(3) Waterfront Industry Commission Amendment Act 1987 (1987 No 82) by inserting the word “Commission”.
(2)
Nothing in this Act shall apply with respect to any agreement specified in paragraph (e) of the definition of the term instrument in subsection (1) of this section made between an individual employee and an individual employer, or any decision under paragraph (f) of that definition made in respect of an individual employee, which fixes a rate of remuneration that is special to that employee by reason of special qualifications, experience, or other qualities possessed by that employee and does not involve any discrimination in relation to that employee or any other employee based on the sex of the employee.
Employee: paragraph (a) was substituted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).
Section 2(1) employee paragraph (b): repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Employee: paragraph (b) of this definition was amended, as from 1 March 1990, by section 14 Police Amendment Act 1989 (1989 No 138) by substituting the words “Part 4” and “as substituted by section 14 of the Police Amendment Act 1989” for the words “sections 66A to 66G” and “as inserted by section 2(1) of the Police Amendment Act 1969”.
Employee: this definition was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting the words “has the same meaning as in the Employment Relations Act 2000” for the words “means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work, or any other work or effort whatsoever; and includes any person who is a worker within the extended meaning given to the term worker by subsections (2) and (3) of section 2 of the Industrial Relations Act 1973”.
Employee: paragraph (d) was repealed, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).
Subsection (2) was amended, as from 14 November 1976, by section 2(2) Equal Pay Amendment Act 1976 (1976 No 49) by inserting the words “, or any decision under paragraph (f) of that definition made in respect of an individual employee”.
2A
Unlawful discrimination
(1)
No employer shall refuse or omit to offer or afford any person the same terms of employment, conditions of work, fringe benefits, and opportunities for training, promotion, and transfer as are made available for persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances on work of that description by reason of the sex of that person.
(2)
Where an employee would be entitled to make a complaint in respect of a breach of this section or make a complaint under the Human Rights Act 1993, the employee may choose one of those entitlements but not both.
Section 2A was inserted, as from 15 May 1991, by section 3(1) Equal Pay Amendment Act 1991 (1991 No 25).
Subsection (2) was amended, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82) by substituting the words “Human Rights Act 1993” for the words “Human Rights Commission Act 1977”.
Subject to the provisions of this section, in determining whether there exists an element of differentiation, based on the sex of the employees, in the rates of remuneration of male employees and female employees for any work or class of work payable under any instrument, and for the purpose of making the determinations specified in subsection (1) of section 4 of this Act, the following criteria shall apply:
(a)
For work which is not exclusively or predominantly performed by female employees—
(i)
The extent to which the work or class of work calls for the same, or substantially similar, degrees of skill, effort, and responsibility; and
(ii)
The extent to which the conditions under which the work is to be performed are the same or substantially similar:
(b)
For work which is exclusively or predominantly performed by female employees, the rate of remuneration that would be paid to male employees with the same, or substantially similar, skills, responsibility, and service performing the work under the same, or substantially similar, conditions and with the same, or substantially similar, degrees of effort.
(2)
In determining whether there exists an element of differentiation, based on the sex of the employees, in the rates of remuneration for male employees and female employees for any work or class of work, no account shall be taken of any provision in any Act or Order in Council which limits the work female employees may perform.
(3)
Subject to any such provision in any Act or Order in Council and to sections 4 to 8 of this Act, no instrument coming into force after the 31st day of March 1973 shall contain classifications of work that differentiate, on the basis of the sex of the employees, in the work which male employees or female employees may perform.
4-
Determination of equal pay
(1)
Where any instrument in force at the passing of this Act or coming into force before the 1st day of April 1973 makes separate provision for the remuneration of female employees or makes provision for the remuneration of female employees only, then, subject to subsection (5) of this section and to section 5 of this Act, and notwithstanding anything in any other Act, the following determinations shall be made not later than the first increment date for the purpose of implementing equal pay, namely:
(a)
The classifications of the work performed by those female employees in relation to work performed by male employees, those classifications being determined in accordance with the criteria set out in section 3 of this Act; and
(b)
The rates of remuneration that would represent equal pay for each such classification, those rates being determined in accordance with the criteria set out in section 3 of this Act; and
(c)
The minimum percentage, determined,—
(i)
In the case of any award to which section 6 of this Act applies, in accordance with the said section 6; or
(ii)
In the case of any other instrument, in accordance with the said section 6 as applied to that other instrument by section 7 of this Act,—
that the rate of remuneration for female employees in each classification shall bear, on the first, second, third, fourth, and fifth increment dates (as determined pursuant to the said section 6), respectively, to the rate of remuneration for male employees in relation to whom the classification has been made in accordance with the criteria set out in section 3 of this Act.
(2)
The determinations required by subsection (1) of this section shall be made as follows:
(a)
In the case of any award, industrial agreement, agreement under section 8 of the Labour Disputes Investigation Act 1913, or agreement filed with the Registrar of the Court under section 141 of the Industrial Relations Act 1973, the determinations shall be made by the parties to the instrument or their representatives:
(b)
In the case of any apprenticeship order, the determinations shall be made by the Court of its own motion or on the recommendation of the New Zealand Apprenticeship Committee having jurisdiction in respect of that order:
(c)
In the case of any agricultural workers order—
(i)
The determinations may be made by an Order in Council giving effect to an agreement reached by the parties referred to in section 16 of the Agricultural Workers Act 1962; or
(ii)
Where an agreement is not reached by those parties and the matter is referred to the Court under section 17 of that Act, the determinations may be made by an Order in Council giving effect to any recommendation made by the Court pursuant to the said section 17:
(d)
In the case of any waterfront industry order, the determinations shall be made by the Waterfront Industry Tribunal pursuant to section 11 or, as the case may be, section 12 of the Waterfront Industry Act 1953 on application made pursuant to section 14 of that Act:
(e)
In the case of any instrument made pursuant to any enactment by any Court or tribunal or employing authority (not being an instrument to which any of the foregoing provisions of this subsection apply), the determinations shall be made by that Court or tribunal or employing authority or by the parties to the instrument or their representatives, as the case may be, in accordance with the provisions of that enactment:
(f)
In the case of any agreement (not being an agreement to which any of the foregoing provisions of this subsection apply), the determinations shall be made by the parties to the agreement.
(2A)
Where the remuneration for any employee or group of employees is payable pursuant to any instrument specified in paragraph (f) of the definition of the term instrument in section 2(1) of this Act, the employer shall, at the request of the employee, or, as the case may be, of any employee who is a member of the group to which the instrument applies, supply to the employee all information that is relevant for the purpose of implementing this Act as to any right or benefit provided for the employee by the instrument.
(3)
If the provisions of subsection (1) of this section are not complied with before the first increment date (as so defined), then, subject to section 5 of this Act, the Court, on the application of any party to the instrument, or his representative, or, as the case may be, of the appropriate authority, or of an Inspector, shall make the determinations specified in subsection (1) of this section.
(4)
For the purpose of giving effect to the provisions of this Act in relation to any instrument other than an award, the Court, on the application of any party to the instrument or his representative, or, as the case may be, of the appropriate authority, or of an Inspector, may, notwithstanding anything in any other enactment or in any rule of law, amend the instrument to the extent necessary, and the instrument as so amended shall have effect accordingly.
(4A)
For the purpose of giving effect to the provisions of this Act in relation to any award the currency of which has not expired or which is continuing in force under section 152 of the Industrial Conciliation and Arbitration Act 1954 or, as the case may be, under section 42 of the Aircrew Industrial Tribunal Act 1971, the Court, on the application of either or both of the duly authorised agents of the parties to the dispute of interest that was settled by the award, may, notwithstanding anything in any other enactment or in any rule of law, amend the award to the extent necessary, and the award as so amended shall have effect accordingly.
(4B)
Where any meetings of representatives of the parties to an award are held under the chairmanship of a conciliator for the purpose of giving effect to the provisions of this Act in relation to any award to which subsection (4A) of this section applies, those representatives, not exceeding the number who if they were assessors appointed to a conciliation council would be entitled to be paid remuneration, shall be paid remuneration as if they were such assessors.
(4C)
After the commencement of the Industrial Relations Act 1973—
(a)
The references to the Court in subsections (4) and (4A) of this section shall be read as references to the Commission:
(b)
The reference to an industrial dispute in subsection (4A) of this section shall be read as a reference to a dispute of interest:
(c)
The reference to a Conciliation Commissioner in subsection (4B) of this section shall be read as a reference to a conciliator:
(d)
The reference to a Council of Conciliation in subsection (4B) of this section shall be read as a reference to a conciliation council.
(5)
Nothing in this section shall apply with respect to any instrument which on the 31st day of March 1973 provides for equal pay.
Subsection (2)(a) was amended, as from 2 October 1973, by section 5 Equal Pay Amendment Act 1973 (1973 No 23) by substituting the words “agreement under section 8 of the Labour Disputes Investigation Act 1913, or agreement filed with the Registrar of the Commission under section 141 of the Industrial Relations Act 1973” for the words “or agreement under section 8 of the Labour Disputes Investigation Act 1913”. The word “Court” was substituted for the word “Commission”, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108).
Subsection (2A) was inserted, as from 14 November 1976, by section 3 Equal Pay Amendment Act 1976 (1976 No 49).
Subsection (3) was amended, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108) by substituting the word “Court” for the word “Commission”.
Subsection (4) was substituted, and subsection (4A) to (4C) were inserted, as from 2 October 1973, by section 2 Equal Pay Amendment Act 1973 (1973 No 23).
Subsections (4) and (4A) were amended, as from 17 April 1978, by section 6(3)(a) Industrial Relations Amendment Act 1977 (1977 No 108) by substituting the word “Court” for the word “Commission”.
Subsection (4A): The words “dispute of interest” replace, as from 8 March 1974, an earlier reference to “an industrial dispute”, pursuant to subsection (4C)(b) of this section.
Subsection (4B): The word “a conciliator” and “a conciliation council” were substituted for the words “a Conciliation Commissioner” and “a Conciliation Council” pursuant to subsection (4C)(c) and (d) of this section.
Where the provisions of subsection (1) of section 4 of this Act have not been complied with in relation to any instrument before the first increment date, the Court may, if it thinks fit, on the application of any party to the instrument, or his representative, order that there shall be payable to every female employee whose rate of remuneration is fixed by the instrument, as an interim increase in remuneration towards the implementation of equal pay, an increase in remuneration at such rate as the Court determines, and that increase shall be deemed to have come into force on the first increment date.
(2)
If the question of the implementation of equal pay in relation to any instrument is before a Conciliation Council and the Conciliator is satisfied at any time on or before the first increment date that the parties are unable to agree on that question, he shall forthwith notify the Registrar of the Court, and the Court may make an order under subsection (1) of this section granting an interim increase in remuneration as if application had been made to the Court under that subsection.
(3)
For the purpose of determining any such interim increase, the Court may make an interim classification of the work performed by the female employee, and may have regard to such other matters as the Court considers relevant.
Subsections (1), (2) and (3) were amended, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108) by substituting the word “Court” for the word “Commission”.
Subsection (2) was amended, as from 2 October 1973, by section 3 Equal Pay Amendment Act 1973 (1973 No 23) and section 234(g) and (h) Industrial Relations Act 1973 (1973 No 19), by substituting the words “Conciliation Council and the Conciliator” for the words “Conciliation Commissioner and the Commissioner”.
Subsection (2) was amended, as from 2 October 1973, by section 5 Equal Pay Amendment Act 1973 (1973 No 23) by substituting the words “Registrar of the Commission” for the words “Clerk of Awards”. The word “Court” was substituted for the word “Commission”, as from 17 April 1978, by section 6(2) Industrial Relations Amendment Act 1977 (1977 No 108).
