Acts and Regulations

P-5.05 - Pay Equity Act, 2009

Full text
Agreements on pay equity
13(1)An employer and the bargaining agents affected shall jointly endeavour to reach an agreement, within the period of 12 months after the commencement of this Act, or within such longer time as may be allowed by the Director, respecting
(a) the selection of a nondiscriminatory job evaluation system,
(b) the identification of all female-dominated classifications and male-dominated classifications, and
(c) the manner in which the job evaluation system is to be applied to the female-dominated classifications and the male-dominated classifications.
13(2)The employer and the bargaining agents shall, in accordance with the agreement and within the period of 24 months after the commencement of this Act, or within such longer time as may be allowed by the Director,
(a) apply the nondiscriminatory job evaluation system in order to determine and compare the value of the work performed by female-dominated classifications and male-dominated classifications, and
(b) endeavour to reach an agreement identifying the inequities between female-dominated classifications and male-dominated classifications performing work of equal or comparable value.
13(3)The employer shall then determine the proportionate share of the amount of the pay adjustments to be allocated to the female-dominated classifications and how it is to be allocated among the female-dominated classifications and shall provide the bargaining agent affected with a written notice of its decision.
13(4)The pay adjustments implemented by the employer and as reflected in the written notice prevails over the provisions of all relevant collective agreements and shall be deemed part of and be incorporated into and form part of the relevant collective agreements and of all collective agreements entered into during any stage of the implementation of pay equity.
Agreements on pay equity
13(1)An employer and the bargaining agents affected shall jointly endeavour to reach an agreement, within the period of 12 months after the commencement of this Act, or within such longer time as may be allowed by the Director, respecting
(a) the selection of a nondiscriminatory job evaluation system,
(b) the identification of all female-dominated classifications and male-dominated classifications, and
(c) the manner in which the job evaluation system is to be applied to the female-dominated classifications and the male-dominated classifications.
13(2)The employer and the bargaining agents shall, in accordance with the agreement and within the period of 24 months after the commencement of this Act, or within such longer time as may be allowed by the Director,
(a) apply the nondiscriminatory job evaluation system in order to determine and compare the value of the work performed by female-dominated classifications and male-dominated classifications, and
(b) endeavour to reach an agreement identifying the inequities between female-dominated classifications and male-dominated classifications performing work of equal or comparable value.
13(3)The employer shall then determine the proportionate share of the amount of the pay adjustments to be allocated to the female-dominated classifications and how it is to be allocated among the female-dominated classifications and shall provide the bargaining agent affected with a written notice of its decision.
13(4)The pay adjustments implemented by the employer and as reflected in the written notice prevails over the provisions of all relevant collective agreements and shall be deemed part of and be incorporated into and form part of the relevant collective agreements and of all collective agreements entered into during any stage of the implementation of pay equity.