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Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

20A: Representative of union must obtain consent to enter workplace

You could also call this:

“Union reps must ask bosses for permission to enter the workplace”

If you are a union representative, you need to ask the employer for permission before you enter their workplace under section 21. You must get the employer’s consent before you go in. The employer can say no, but they must have a good reason.

If there is already a collective agreement between the employer and the union, and it covers the work done at the workplace, you do not need to ask for permission. The same applies if the union or the employer has started talking about a new collective agreement, and the work done at the workplace will be covered by it, as stated in the notice given under section 42.

When you ask the employer for permission, they must not say no without a good reason. They must tell you their decision as soon as possible, but no later than the next working day. If they do not respond to your request within two working days, it means they have given you permission.

If the employer says no, they must give you a written explanation for their decision. This rule does not apply if sections 22 and 23 say the employer can deny you access to the workplace.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3640629.

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"Union representatives can visit workplaces to help workers and talk about union matters."

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21: Conditions relating to access to workplaces, or

"Union representatives' rights to enter workplaces"

Part 4 Recognition and operation of unions
Access to workplaces

20ARepresentative of union must obtain consent to enter workplace

  1. Before entering a workplace under section 21, a representative of a union must request and obtain the consent of the employer or a representative of the employer.

  2. However, subsection (1) does not apply to a representative of a union if,—

  3. at the time of the representative’s entry into the workplace,—
    1. there is a collective agreement in force between the employer and the union; and
      1. the coverage clause in the collective agreement covers the work done by employees at the workplace; or
      2. at the time of the representative’s entry into the workplace,—
        1. the union or the employer has initiated bargaining for a collective agreement; and
          1. the intended coverage of the collective agreement, as set out in the notice given in accordance with section 42, covers the work done by employees at the workplace.

          2. If a representative of a union makes a request under subsection (1),—

          3. the employer or representative of the employer must not unreasonably withhold consent; and
            1. the employer or representative of the employer must advise the representative of the union of the employer's or representative of the employer's decision as soon as is reasonably practicable but no later than the working day after the date on which the request was received; and
              1. the consent of the employer or representative of the employer (as the case may be) must be treated as having been obtained if the employer or representative of the employer does not respond to the request within 2 working days after the date on which the request was received.

                1. If an employer or a representative of an employer withholds consent under subsection (2), the employer or representative of the employer must, as soon as is reasonably practicable but no later than the working day after the date of the decision, give reasons in writing for that decision to the representative of the union who made the request.

                2. This section is subject to sections 22 and 23 (which specify when access to workplaces may be denied).

                Notes
                • Section 20A: inserted, on , by section 6 of the Employment Relations Amendment Act 2010 (2010 No 125).
                • Section 20A(1A): inserted, on , by section 8 of the Employment Relations Amendment Act 2018 (2018 No 53).