Lara Zijl 
Eleanor Thompson 
Recent changes to New Zealand’s pay equity laws have brought significant shifts to how gender-based pay claims can be made and for which professions. While the new requirements most directly impact female-dominated sectors such as teaching, nursing, and care work, the construction and engineering fields are also affected, but in a distinctly different way.
Impact on Construction and Engineering
Male-Dominated Professions:
Construction and engineering have long been industries where men make up the vast majority of the workforce. Under the revised law, pay equity claims can only be initiated if an occupation has been predominantly female (at least 70%) over the past decade. As a result, construction and engineering roles do not qualify for pay equity claims under the new rules, since they do not meet this threshold.
Use as Comparator Roles:
In the past, jobs in construction and engineering were often used as “comparator” roles in pay equity claims by female-dominated professions. For example, workers in libraries or care roles would compare their work to engineers or tradespeople to highlight undervaluation and support their case for higher pay. The new law restricts comparators to roles within the same or similar organizations, making it no longer possible for professions like librarians to use engineers or construction workers as benchmarks for fair pay.
Pay Equity Claims Within the Sector:
Because construction and engineering are not female-dominated, women working in these fields cannot bring pay equity claims under the revised rules, even if they feel their pay is affected by gender discrimination. Any pay disputes in these sectors must now be addressed through standard employment relations processes, rather than through pay equity legislation.
Broader Implications
- Existing pay structures in construction and engineering are reinforced, as gender-based undervaluation is less likely to be addressed through pay equity law.
- Female-dominated professions can no longer use traditionally male-dominated roles like engineers and builders as comparators, removing a key mechanism that previously helped correct pay disparities.
- The engineering profession, often used as a standard for skill and pay comparisons, will no longer serve as a reference point for pay equity negotiations in other sectors.
Summary
The new pay equity law in New Zealand excludes construction and engineering from both initiating and being used in pay equity claims. These male-dominated professions cannot bring claims under the new threshold, and their roles can no longer be used as comparators for undervalued female-dominated jobs. This change narrows the pay equity process and removes an important tool that previously helped address systemic undervaluation in sectors such as libraries, care, and education.
