Care and Support Worker Claim: Frequently asked questions
About the claim
What is a Pay Equity Claim?
The Pay Equity Claim is a legal action filed by unions representing care and support workers to address gender-based undervaluation of their profession and ensure fair pay.
Who filed the 2022 Pay Equity Claim?
The claim was filed by three unions: E tū, NZPSA, and NZNO against 15 named employers in the health and disability sector.
Who are the parties involved in the 2022 claim?
The parties are the unions (E tū, NZPSA, NZNO) and the employers (including CCS Disability Action).
What is a ‘representative claim’?
A representative claim is an agreement intended to be extended to workers sitting outside the agreement in the same role, not just those employed by the named parties through a sector extension process.
Why is the claim important?
Female dominated occupations, such as care and support workers, have historically been paid less than occupations that are male dominated, despite requiring the same level of skill, responsibility and effort. While the previous settlement in 2017 addressed this temporarily, due to inflation and rising living costs, real-term pay rates for care and support workers have regressed.
What is the status of the legislation from the 2017 pay equity settlement?
The legislation expired on 31 December 2023. There is currently no legislation to govern pay rates for care and support workers.
Who is covered by the pay equity claim?
The pay equity claim cover covers all care and support workers unless they have chosen to opt out of this claim. You do not need to be a union member to be covered by the pay equity claim.
About the process
How is pay equity determined?
Pay equity is determined through a process involving interviews with workers, job profile assessments, and comparisons with male-dominated professions to identify undervaluation.
What does the Pay Equity Claim aim to achieve?
The claim seeks to correct sex-based pay discrimination and ensure that care and support workers receive pay that reflects their skills, responsibilities, and the value of their work.
Which CCS Disability Action job titles are included in the claim?
The claim will cover all those performing the work of a care and support worker as defined by the claim. At CCS Disability Action, this will include all Community Support Workers, Support Workers, Paraprofessionals and Education Support Workers.
What can I do as a CCS Disability Action support worker?
Stay informed by attending union meetings, reading updates, and engaging in discussions about the claim. Your involvement can help drive the claim forward and contribute to a positive outcome for all support workers.
What is happening now?
What is the current status of the Pay Equity Claim?
Unions and employers are actively working on the Pay Equity Claim. They have been progressing the claim with urgency, continue to meet and update care and support workers on the status and next steps.
Why don’t employers just settle the claim?
There are several reasons why the named employers have not yet settled the claim, despite agreeing that support workers should be paid more:
Methodology review: There has been a significant delay due to Te Whatu Ora’s decision to review the methodology used in assessing the work of care and support workers. This review is examining how the undervaluation range was arrived at and has created delays in the process.
Funding assurance: The employers and peak bodies have requested the government to provide assurance about funding for a settlement and its extension to the whole sector. Without this assurance, it is challenging for employers to commit to a settlement.
Legislative changes: The Support Workers (Pay Equity) Settlements Act 2017 expired on 31 December 2023. The uncertainty around whether any new settlement will legislated or not adds to the complexity of settling the claim.
Bargaining preparation: Employers are preparing for bargaining negotiations, which requires endorsement of their strategy by the Oversight Group and confirmation that additional funding will be available for implementing a settlement.
Sector-wide solution: Employers and unions are advocating for a sector-wide solution that means all care and support workers receive any pay equity settlement at the same time. They are seeking direct engagement with the government to implement this solution and provide interim funding if the claim is not quickly settled.
What should I expect in the future regarding the claim?
Expect continued efforts from unions and employers to reach a settlement. The goal is to achieve pay equity for all care and support workers as soon as possible.