web analytics

The new Pay Equity Legislation

Written By: - Date published: 7:30 am, November 9th, 2017 - 17 comments
Categories: Amy Adams, Iain Lees-Galloway, jacinda ardern, Judith Collins, Nikki Kaye - Tags:

National has shown today tactically how it is going to deal with Jacinda Ardern.  In Parliament three of its female MPs, Amy Adams and Nikki Kaye and Judith Collins all unloaded on Jacinda and tried to suggest that she and Labour are not interested in pay equity.

From the Herald:

National says it is “sad” the Jacinda Ardern-led government has so quickly dropped gender pay equity legislation.

But Labour has hit back, saying the previous administration’s legislation “was deliberately designed to put barriers in the way of women who wish to make a pay equity claim”.

Nikki Kaye, Amy Adams and Judith Collins were all critical of the decision today to drop the legislation.

“I think it is a very sad day that one of the first actions of our woman Prime Minister Jacinda Ardern is to remove this piece of legislation from the motion that we have before us,” Kaye said in Parliament.

“And there have been comments made regarding the lack of females in the executive and I just think we should reflect on that.”

Labour has rubbished the claim.  Again from the Herald:

Labour later released a statement heavily critical of the Employment (Pay Equity and Equal Pay) Bill introduced to Parliament in July.

“All three Government parties were clear during the Bill’s first reading that we were opposed to the legislation, and that we would not rest until New Zealand workers have genuine opportunities for pay equity,” Minister for Workplace Relations and Safety Iain Lees-Galloway said in the statement.

“While both sides of the House seemed united in lauding the TerraNova decision in favour of care and support workers and Kristine Bartlett, the previous Government immediately introduced legislation that fundamentally changed the ability of anyone else to achieve the same result.

“The current legislation diminishes the opportunity for people to make a pay equity claim, and we were clear that if we were elected then it would be the end of the line for this Bill. We were, and it is.

“The Government will stop progress on the Employment (Equal Pay and Pay Equity) Bill and start work on new legislation that adheres to all the principles of the Joint Working Group on Pay Equity.”

And the TEU is happy with the scrapping of National’s bill.  Suzanne McNabb at the TEU has said this:

We congratulate the government on taking action so promptly on their commitment to equal pay for work of equal value. National introduced the Bill knowing it would make it more difficult for women to achieve equal pay and ever since working people have been standing together to demand better”.

The basic problem with the bill was that it was a lemon.  It replaced retrospectively the Equal Pay Act 1972.  Old claims if they survived would have to be under the new rules.  And the process for establishing a claim was made really complex.  Professional economic analysis would have been required, the Act only applied to industries with more than 66% of its workforce performing particular work being female, and the assessment process relied on identifying appropriate comparators.  There was a hierachy of these, the effect of which would have been that male workers in the same industry would have been preferred.  For instance rest home gardeners would have been the initial male comparators for female rest home care workers.  The process would have often trapped comparison claims to other jobs within industries that are poorly paid.

So more complex rules, and the proposed comparison process would be dumbed down with the prospect that it would have been industry specific.  This was exactly the problem identified in the Kristine Bartlett case.

And if you want to see why Jacinda’s speech in Parliament when National’s pay equity legislation gives all the justification you need to see.

17 comments on “The new Pay Equity Legislation ”

  1. Antoine 1

    So where is “the new pay equity legislation” you refer to?

    A.

    • One Anonymous Bloke 1.1

      The Government will stop progress on the Employment (Equal Pay and Pay Equity) Bill and start work on new legislation that adheres to all the principles of the Joint Working Group on Pay Equity.

      Is English your second language or something? Read the above passage and if you still cannot understand it, please don’t be afraid to ask for help.

      • Antoine 1.1.1

        Perhaps “No new pay equity legislation yet” would have been a better headline

        A.

        • mickysavage 1.1.1.1

          Its being worked on as we talk so it is a thing.

        • Matthew Whitehead 1.1.1.2

          Sure, exactly as promised. The status quo is better than National’s lemon bill for now, anyway.

          • tracey 1.1.1.2.1

            Yes, cos the status quo is currently based on a Court of Appeal decision available for all to read for free.

            Those wishing to read the CA full decision can do so here:

            https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2014-NZCA-516-CA631-2013-Terranova-Homes-Care-Limited-v-Service-Food-Workers-Union-Inc-and-Bartlett.pdf?SubsiteID=1

            Also

            “There are four key problems with the Bill:

            1. It imposes an unnecessary hierarchy of comparators,

            2. It creates onerous requirements for women to prove merit in order to initiate a pay equity claim,

            3. It extinguishes women’s ability to seek back pay in a pay equity claim, and

            4. The transitional provisions unfairly and retrospectively deal with current claims and new claims until the Bill becomes law.

            “What the Government needs to do is bring a Bill to the house which is consistent with the already agreed joint Principles, is consistent with the Court of Appeal ruling in Bartlett v Terranova, and provides a constitutionally acceptable way of dealing with existing equal pay claims,” Wagstaff said.”

            So knocking the Bill out IS the first step to providing better equirt AND by knocking it out ensures the criteria set by the CA are the ones to be followed by Employers until a new Law is passed.

            “There are four key problems with the Bill:

            1. It imposes an unnecessary hierarchy of comparators,

            2. It creates onerous requirements for women to prove merit in order to initiate a pay equity claim,

            3. It extinguishes women’s ability to seek back pay in a pay equity claim, and

            4. The transitional provisions unfairly and retrospectively deal with current claims and new claims until the Bill becomes law.

            “What the Government needs to do is bring a Bill to the house which is consistent with the already agreed joint Principles, is consistent with the Court of Appeal ruling in Bartlett v Terranova, and provides a constitutionally acceptable way of dealing with existing equal pay claims,” Wagstaff said.”

            http://www.sfwu.org/article.php?group_id=1318

        • Foreign waka 1.1.1.3

          I belief that you should give the process time and the new government the courtesy to get on with it. This impatient “are we there yet” sprouted is petulant.
          Lets not forget, there is almost a decade of files, documents with the proverbial small print to go through. Better to take the time and get it right than mucking about or just pulling the rug because things are “difficult”.
          I am sure that the comments by the then government that the settlement for the aged care workers was a “one off” has spurned the review.

    • tracey 1.2

      I think they have only been government for about a month. I might be wrong.

      • Matthew Whitehead 1.2.1

        Better way of putting it IMO is that Parliament only just sat properly for the first time yesterday, and the Nats tried to run out the clock during that sitting. Can’t blame them for not yet having a bill before the house when there’s literally been no time to get one there.

        (also, the very first bill WAS one that will help with functional pay equity- extending paid parental leave)

        I don’t recall John Key facing these unrealistic timetables.

        • tracey 1.2.1.1

          No, well he had to wait for his “Forum” in 2009 which was going to be a do-fest not a talk-fest…and would give all the answers to the creation and protection of jobs during the GFC that we couldn’t get from him during the 2008 election. From memory we eventually got

          90 day trials (but only for big businesses so don’t worry, but then became for all businesses)
          Subsidies to employers to keep people in work
          Cycle trail

          • Matthew Whitehead 1.2.1.1.1

            LOL yes, thanks for the reminder. Got that was incompetent. Makes the starting fumbles of this government look like bloody genius in comparison huh?

      • Antoine 1.2.2

        I don’t mind their timeframe, I just objected to micky’s headline 🙂

  2. Janice 2

    One of the first things that the Natz did in 2008 was to close down the office working for pay equity within the Labour Department. I recall requests through my networks for someone to take the documents relating to this work. The women working in the office felt that they had to walk out and leave all the work they had done on pay equity to be shredded. Perhaps someone else remembers this as well.

    • tc 2.1

      This is the type of action that needs to be highlighted by the govt so people can connect the dots. Keep doing this across all the portfolios so a picture of wilful and deliberate destruction is built up and hammered home over the next 3 years.

      This govt needs to bear in mind it’s got the MSM/corporatocracy up against it so a strategy that get the message out and repeats it over and over is required.

      Next election people need to go to the polls full of publicly available data about the gutting that’s been undertaken over the last 9 years and who benefited from it.

  3. JanM 3

    He he – Cinderella and the Ugly Sisters!

    • tracey 3.1

      Let us not forget these 3 would be acting as part of an agreed strategy which would surely include Bill English and Steven Joyce.

Recent Comments

Recent Posts

  • Tourism Infrastructure Fund now open
    Applications are now invited from all councils for a slice of government funding aimed at improving tourism infrastructure, especially in areas under pressure given the size of their rating bases. Tourism Minister Stuart Nash has already signalled that five South Island regions will be given priority to reflect that jobs ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Construction Skills Action Plan delivering early on targets
    The Construction Skills Action Plan has delivered early on its overall target of supporting an additional 4,000 people into construction-related education and employment, says Minister for Building and Construction Poto Williams. Since the Plan was launched in 2018, more than 9,300 people have taken up education or employment opportunities in ...
    BeehiveBy beehive.govt.nz
    21 hours ago
  • Youth Justice residence offers new pathway
    An innovative new Youth Justice residence designed in partnership with Māori will provide prevention, healing, and rehabilitation services for both young people and their whānau, Children’s Minister Kelvin Davis announced today.  Whakatakapokai is located in South Auckland and will provide care and support for up to 15 rangatahi remanded or ...
    BeehiveBy beehive.govt.nz
    22 hours ago
  • The Duke of Edinburgh
    Prime Minister Jacinda Ardern today expressed New Zealand’s sorrow at the death of His Royal Highness The Prince Philip, Duke of Edinburgh. “Our thoughts are with Her Majesty The Queen at this profoundly sad time.  On behalf of the New Zealand people and the Government, I would like to express ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Five Country Ministerial Communiqué
    We, the Home Affairs, Interior, Security and Immigration Ministers of Australia, Canada, New Zealand, the United Kingdom and the United States of America (the ‘Five Countries’) met via video conference on 7/8 April 2021, just over a year after the outbreak of the COVID-19 global pandemic. Guided by our shared ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Inspiring creativity through cultural installations and events
    Arts, Culture and Heritage Minister Carmel Sepuloni has today announced the opening of the first round of Ngā Puninga Toi ā-Ahurea me ngā Kaupapa Cultural Installations and Events. “Creating jobs and helping the arts sector rebuild and recover continues to be a key part of the Government’s COVID-19 response,” Carmel ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Drug-testing law to be made permanent
    Interim legislation that is already proving to keep people safer from drugs will be made permanent, Health Minister Andrew Little says. Research by Victoria University, on behalf of the Ministry of Health, shows that the Government’s decision in December to make it legal for drug-checking services to operate at festivals ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Better rules proposed for freedom camping
    Public consultation launched on ways to improve behaviour and reduce damage Tighter rules proposed for either camping vehicles or camping locations Increased penalties proposed, such as $1,000 fines or vehicle confiscation Rental companies may be required to collect fines from campers who hire vehicles Public feedback is sought on proposals ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government backs Air New Zealand as Trans-Tasman bubble opens
    The Government is continuing to support Air New Zealand while aviation markets stabilise and the world moves towards more normal border operations. The Crown loan facility made available to Air New Zealand in March 2020 has been extended to a debt facility of up to $1.5 billion (an additional $600 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Building gifted for new community hub in Richmond red zone
    Christchurch’s Richmond suburb will soon have a new community hub, following the gifting of a red-zoned property by Land Information New Zealand (LINZ) to the Richmond Community Gardens Trust. The Minister for Land Information, Damien O’Connor said that LINZ, on behalf of the Crown, will gift a Vogel Street house ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Pacific languages funding reopens
      Minister for Pacific Peoples Aupito William Sio says the reopening of the Ministry for Pacific Peoples’ (MPP) Languages Funding in 2021 will make sure there is a future for Pacific languages. “Language is the key to the wellbeing for Pacific people. It affirms our identity as Pasifika and ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • ERANZ speech April 2021
    It is a pleasure to be here tonight.  Thank you Cameron for the introduction and thank you for ERANZ for also hosting this event. Last week in fact, we had one of the largest gatherings in our sector, Downstream 2021. I have heard from my officials that the discussion on ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Strengthening Māori knowledge in science and innovation
    Research, Science and Innovation Minister Megan Woods has today announced the 16 projects that will together get $3.9 million through the 2021 round of Te Pūnaha Hihiko: Vision Mātauranga Capability Fund, further strengthening the Government’s commitment to Māori knowledge in science and innovation.  “We received 78 proposals - the highest ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government delivers next phase of climate action
    The Government is delivering on a key election commitment to tackle climate change, by banning new low and medium temperature coal-fired boilers and partnering with the private sector to help it transition away from fossil fuels. This is the first major announcement to follow the release of the Climate Commission’s ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Continued investment in Central Otago schools supports roll growth
    Six projects, collectively valued at over $70 million are delivering new schools, classrooms and refurbished buildings across Central Otago and are helping to ease the pressure of growing rolls in the area, says Education Minister Chris Hipkins. The National Education Growth Plan is making sure that sufficient capacity in the ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Two more Christchurch schools complete
    Two more schools are now complete as part of the Christchurch Schools Rebuild Programme, with work about to get under way on another, says Education Minister Chris Hipkins. Te Ara Koropiko – West Spreydon School will welcome students to their new buildings for the start of Term 2. The newly ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Independent experts to advise Government on post-vaccination future
    The Government is acting to ensure decisions on responding to the next phase of the COVID-19 pandemic are informed by the best available scientific evidence and strategic public health advice. “New Zealand has worked towards an elimination strategy which has been successful in keeping our people safe and our economy ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Supporting Māori success with Ngārimu Awards
    Six Māori scholars have been awarded Ngārimu VC and the 28th (Māori) Battalion Memorial scholarships for 2021, Associate Education Minister and Ngārimu Board Chair, Kelvin Davis announced today. The prestigious Manakura Award was also presented for the first time since 2018. “These awards are a tribute to the heroes of the 28th ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Global partnerships propel space tech research
    New Zealand’s aerospace industry is getting a boost through the German Aerospace Centre (DLR), to grow the capability of the sector and potentially lead to joint space missions, Research, Science and Innovation Minister Megan Woods has announced. 12 New Zealand organisations have been chosen to work with world-leading experts at ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government backs more initiatives to boost food and fibre workforce
    The Government is backing more initiatives to boost New Zealand’s food and fibre sector workforce, Agriculture Minister Damien O’Connor announced today. “The Government and the food and fibres sector have been working hard to fill critical workforce needs.  We've committed to getting 10,000 more Kiwis into the sector over the ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Minister welcomes Bill to remove Subsequent Child Policy
    Minister for Social Development and Employment Carmel Sepuloni has welcomed the first reading of the Social Security (Subsequent Child Policy Removal) Amendment Bill in the House this evening. “Tonight’s first reading is another step on the way to removing excessive sanctions and obligations for people receiving a Main Benefit,” says ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Mental Health Amendment Bill passes first reading
    The Government has taken a significant step towards delivering on its commitment to improve the legislation around mental health as recommended by He Ara Oranga – the report of the Government Inquiry into Mental Health and Addiction, Health Minister Andrew Little says. The Mental Health (Compulsory Assessment and Treatment) Amendment ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Whenua Māori Rating Amendment Bill passes third reading
    Local Government Minister Nanaia Mahuta has welcomed the Local Government (Rating of Whenua Māori) Amendment Bill passing its third reading today. “After nearly 100 years of a system that was not fit for Māori and did not reflect the partnership we have come to expect between Māori and the Crown, ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Trans-Tasman bubble to start 19 April
    New Zealand’s successful management of COVID means quarantine-free travel between New Zealand and Australia will start on Monday 19 April, Prime Minister Jacinda Ardern announced today. Prime Minister Jacinda Ardern and COVID-19 Response Minister Chris Hipkins confirmed the conditions for starting to open up quarantine free travel with Australia have ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Ngāti Hinerangi Claims Settlement Bill passes Third Reading
    Minister for Treaty of Waitangi Negotiations Andrew Little welcomed ngā uri o Ngāti Hinerangi to Parliament today to witness the third reading of their Treaty settlement legislation, the Ngāti Hinerangi Claims Settlement Bill. “I want to acknowledge ngā uri o Ngāti Hinerangi and the Crown negotiations teams for working tirelessly ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Independent group announced to advise on firearms matters
    Minister of Police Poto Williams has announced the members of the Ministers Arms Advisory Group, established to ensure balanced advice to Government on firearms that is independent of Police. “The Ministers Arms Advisory Group is an important part of delivering on the Government’s commitment to ensure we maintain the balance ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Kiri Allan to take leave of absence
    Kiri Allan, Minister of Conservation and Emergency Management will undertake a leave of absence while she undergoes medical treatment for cervical cancer, Prime Minister Jacinda Ardern announced today. “I consider Kiri not just a colleague, but a friend. This news has been devastating. But I also know that Kiri is ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Excellent progress at new Waikeria prison build
    Excellent progress has been made at the new prison development at Waikeria, which will boost mental health services and improve rehabilitation opportunities for people in prison, Corrections Minister Kelvin Davis says. Kelvin Davis was onsite at the new build to meet with staff and see the construction first-hand, following a ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Expert panel proposes criminal limits for drug driving
    To reduce the trauma of road crashes caused by drug impaired drivers, an Independent Expert Panel on Drug Driving has proposed criminal limits and blood infringement thresholds for 25 impairing drugs, Minister of Police Poto Williams and Transport Minister Michael Wood announced today. The Land Transport (Drug Driving) Amendment Bill ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Covid-19 immigration powers to be extended
    Temporary COVID-19 immigration powers will be extended to May 2023, providing continued flexibility to support migrants, manage the border, and help industries facing labour shortages, Immigration Minister Kris Faafoi announced today. “Over the past year, we have had to make rapid decisions to vary visa conditions, extend expiry dates, and ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Covid-19 imgration powers to be extended
    Temporary COVID-19 immigration powers will be extended to May 2023, providing continued flexibility to support migrants, manage the border, and help industries facing labour shortages, Immigration Minister Kris Faafoi announced today. “Over the past year, we have had to make rapid decisions to vary visa conditions, extend expiry dates, and ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • More support for mums and whānau struggling with alcohol and other drugs
    The Government is expanding its Pregnancy and Parenting Programme so more women and whānau can access specialist support to minimise harm from alcohol and other drugs, Health Minister Andrew Little says. “We know these supports help improve wellbeing and have helped to reduce addiction, reduced risk for children, and helped ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Ahuwhenua Trophy Competition Field Day – Tātaiwhetū Trust at Tauarau Marae, Rūātoki
    *** Please check against delivery *** It’s an honour to be here in Rūātoki today, a rohe with such a proud and dynamic history of resilience, excellence and mana. Tūhoe moumou kai, moumou taonga, moumou tangata ki te pō. The Ahuwhenua Trophy competition is the legacy of a seed planted ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Crown accounts again better than forecast
    The economic recovery from COVID-19 continues to be reflected in the Government’s books, which are again better than expected. The Crown accounts for the eight months to the end of February 2021 showed both OBEGAL and the operating balance remain better than forecast in the Half Year Economic and Fiscal ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • FIFA Women’s World Cup to open in New Zealand
    Sport and Recreation Minister Grant Robertson and Economic Development Minister Stuart Nash have welcomed confirmation New Zealand will host the opening ceremony and match, and one of the semi-finals, of the FIFA Women’s World Cup in 2023. Grant Robertson says matches will be held in Auckland, Hamilton, Wellington and Dunedin, ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • 1 April changes raise incomes for 1.4 million New Zealanders
    Changes to the minimum wage, main benefit levels and superannuation rates that come into force today will raise the incomes for around 1.4 million New Zealanders. “This Government is committed to raising the incomes for all New Zealanders as part of laying the foundations for a better future,” Minister for ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Dunedin Hospital – Whakatuputupu approved for fast track consenting process
    The New Dunedin Hospital – Whakatuputupu has been approved for consideration under the fast track consenting legislation.  The decision by Environment Minister David Parker signifies the importance of the project to the health of the people of Otago-Southland and to the economy of the region.  “This project ticks all the ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Next steps for Auckland light rail
    Transport Minister Michael Wood is getting Auckland light rail back on track with the announcement of an establishment unit to progress this important city-shaping project and engage with Aucklanders. Michael Wood said the previous process didn’t involve Aucklanders enough.                       ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Tourism fund to prioritise hard-hit regions
    The Minister of Tourism is to re-open a government fund that supports councils to build infrastructure for visitors, with a specific focus on regions hardest hit by the loss of overseas tourists. “Round Five of the Tourism Infrastructure Fund will open for applications next month,” said Stuart Nash. It ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Governance Group to lead next phase of work on a potential new public media entity
    A Governance Group of eight experts has been appointed to lead the next phase of work on a potential new public media entity, Minister for Broadcasting and Media Kris Faafoi announced today.  “The Governance Group will oversee the development of a business case to consider the viability of a new ...
    BeehiveBy beehive.govt.nz
    2 weeks ago