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Employment Equity Act 1990  061
Commenced: 1 Oct 1990
III: Pay Equity
Pay Equity Assessments
42   Notice of decision to carry out pay equity assessment




   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.
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