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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 people need to ask nicely before they can visit workers at their job.”

If you’re a union representative, you need to ask for permission before entering a workplace. You must ask the employer or someone who represents the employer for their consent.

There are two times when you don’t need to ask for permission:

  1. When there’s already an agreement between the union and the employer that covers the work done at that workplace.

  2. When the union or employer has started talks for a new agreement that will cover the work done at that workplace.

If you ask for permission to enter, the employer can’t say no without a good reason. They need to tell you their decision by the next working day. If they don’t answer within two working days, it means they’ve said yes.

If the employer says no, they must give you a written explanation by the next working day.

Remember, there are some situations where you might not be allowed to enter a workplace, even if you’ve asked for permission. You can find more information about this in section 22 and section 23 of the law.

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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.

Topics:
Work and jobs > Worker rights
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20: Access to workplaces, or

“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

“Rules for union members visiting workplaces to help workers or talk about joining”

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).