42. Notice of decision to carry out pay equity assessment---(1) Where
the Commissioner decides in accordance with section 40 of this Act to
carry out a pay equity assessment, the Commissioner---
(a) Shall give public notice of the Commissioner's decision to carry
out the assessment; and
(b) Shall give written notice of the Commissioner's intention to carry
out the assessment to---
(i) The person who made the request for the pay equity
assessment; and
(ii) The central organisation of workers; and
(iii) The central organisation of employers; and
(iv) Any union that the Commissioner considers covers workers
in the female occupation; and
(v) Any employers organisation whose members the Commissioner
considers employ workers in the female occupation.
(2) The notice given under subsection (1) (b) of this section shall
set out, among other things,---
(a) The definition of the female occupation that was provided by the
person making the request for the pay equity assessment:
(b) The Commissioner's preliminary views as to the appropriateness of
the definition of the female occupation that was provided by the
person making the request for the pay equity assessment:
(c) Any suggestions the Commissioner has as to how the female
occupation might be defined for the purposes of the pay equity
assessment:
(d) The definitions of the two male occupations suggested as
comparator occupations by the person making the request for the
pay equity assessment:
(e) The Commissioner's preliminary views on the use as comparator
occupations of the two male occupations suggested by the person
making the request for the pay equity assessment:
(f) Any suggestions the Commissioner has as to which male occupations
might be used as comparator occupations for the purposes of the
assessment and as to how they might be defined:
(g) The fact that the union or employers organisation may be accepted
as an interested party in relation to the pay equity assessment
if, within 14 days after a date specified for the purpose in the
notice, it informs the Commissioner in writing that it wishes to
be so accepted.
(3) The Commissioner shall take all reasonable steps to give to bodies
specified in subsections (1) (b) (iv) and (1) (b) (v) of this section
the notice required by subsection (1) (b) of this section but no pay
equity assessment shall be challenged on the grounds that any such body
was not so notified.