Coordinator and Front Line Manager Claim: Information for new staff

In September 2022 a Pay Equity Claim for Coordinators and Front Line Managers (‘the Claim’) was filed by two unions: E tū Incorporated (E tū) and New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi (NZPSA) Incorporated against a group of named employers. 

CCS Disability Action is one of these named employers and has been working with the union parties and the other employers on progressing this claim through the pay equity process.

CCS Disability Action Community Support Coordinators may fall within the scope of this claim.

What this means for you

Under the Equal Pay Act, you will be covered by the union-raised claim even if you are not a union member, unless you choose to opt out by giving notice in writing via email to Kate.Single@ccsDisabilityAction.org.nz. If you do not opt out, your name and contact details may be provided to the relevant union. This is required under the legislation. The unions will use this contact information to keep you informed about the process and ensure you are able to vote on the proposed settlement.

Employees who are not union members are not required to pay fees to the union for the purpose of progressing this claim.

If the claim is settled, and your work falls within scope of that claim, the settlement of the claim will apply to you and may result in a change of your employment terms and conditions.  It will also mean that you will be barred from raising your own claim in future.

If any affected employee has raised an equal pay claim previously and that claim has not yet been settled, that employee may withdraw that claim by giving notice in writing to us, and the employee may then choose to join the union claim by giving notice in writing to the unions.

If any employee wants to raise their own pay equity claim, you must choose to opt out of the union claim before filing a related application with the Employment Relations Authority, or before the final date for voting on any proposed pay equity claim settlement under section 13ZF of the Equal Pay Act.

What if you don’t want to be part of the claim?

If you choose to opt out of the union claim, you will still be offered the benefit of any settlement of that claim and if you choose to accept the offer of the benefit of settlement, you will then be barred from raising your own claim in future. But in those circumstances, if you decline the offer of the benefit of any settlement, you will still retain the right to raise your own claim in future.

For an employee to raise their own pay equity claim, the steps required are outlined in sections 13G-13H of the Equal Pay Act.  Steps for making a claim include (in writing to the employer):

• stating that it is a pay equity claim made under the Equal Pay Act;

• notifying the employer of the employee’s name and address for service;

• the date on which the claim is made must be specified;

• the employee’s occupation, position, and a brief description of the work performed by the employee;

• whether the employee has authorised any representative to act on their behalf in respect of the claim (along with the name and address of any such representative); and

• briefly setting out the information that the employee relies on in support of the elements required for an arguable pay equity claim under section 13F of the Equal Pay Act.

As always, we recommend that affected employees consider seeking independent legal advice. 

What happens next?

We will continue to engage with the Unions (and other relevant parties such as the funders), and we will keep you updated throughout the process.

For more information on the pay equity process or if you have any questions please contact Kate Single – Kate.Single@ccsDisabilityAction.org.nz or E tū.