56. Making of pay equity claim---(1) A pay equity claim---
(a) May be made by the union party or employer party to negotiations
for an award or an agreement;
(b) May be made as part of the claims that create the dispute of
interest or as part of the claims or counter claims that are
made during the course of the negotiations.
(2) A pay equity claim must be a separate identifiable claim within
the overall negotiations, but in all other respects (and subject to the
provisions of sections 57 to 68 of this Act (which deal with
arbitration)) Part VII of the Labour Relations Act 1987 shall apply.
(3) A pay equity claim must be in the form of proposed supplementary
pay equity payments that will form a schedule to the proposed award or
agreement.
(4) Subject to subsection (5) of this section, nothing in this Act
prevents any parties from negotiating about pay equity at any time in
the ordinary course of negotiations, even if there is no relevant pay
equity assessment.
(5) The making of a pay equity assessment in respect of a female
occupation is a prerequisite to the making of a pay equity claim under
subsection (1) of this section in respect of some or all of the members
of that female occupation.