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Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

20: Access to workplaces

You could also call this:

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

You have the right to let a union representative come into your workplace for certain reasons. These reasons are related to the jobs of union members, union business, and helping with health and safety issues for non-union workers who ask for help.

When it comes to union members’ jobs, the representative can do things like help negotiate pay and working conditions, make sure everyone is following the rules, and help with any problems union members might have at work.

For union business, the representative can talk to union members, try to get new people to join the union, and give out information about the union to anyone at work who’s interested.

If you’re not in the union but you’re worried about safety at work, you can ask a union representative to come and help you with those concerns.

When a union representative talks to a worker at your job, the chat shouldn’t go on for too long. This talk isn’t the same as an official union meeting.

Your boss isn’t allowed to take money out of your pay for the time you spend talking to a union representative at work.

Remember, there are more details about how union representatives can enter workplaces in sections 20A and 21 of this 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=DLM58644.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
Previous

19: Workplace does not include dwellinghouse, or

“A place where someone lives is not counted as a workplace when it comes to certain rules.”

Next

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

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

Part 4 Recognition and operation of unions
Access to workplaces

20Access to workplaces

  1. A representative of a union is entitled, in accordance with this section and sections 20A and 21, to enter a workplace for 1 or more of the following purposes:

  2. purposes related to the employment of the union’s members:
    1. purposes related to the union’s business:
      1. purposes related to the health and safety of any employee on the premises who is not a member of the union, if the employee requests the assistance of a representative of the union on those matters.

        1. The purposes related to the employment of a union's members include—

        2. to participate in bargaining for a collective agreement:
          1. to deal with matters concerning the health and safety of union members:
            1. to monitor compliance with the operation of a collective agreement:
              1. to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:
                1. with the authority of an employee, to deal with matters relating to an individual employment agreement or a proposed individual employment agreement or an individual employee's terms and conditions of employment or an individual employee's proposed terms and conditions of employment:
                  1. to seek compliance with relevant requirements in any case where non-compliance is detected.

                    1. The purposes related to a union's business include—

                    2. to discuss union business with union members:
                      1. to seek to recruit employees as union members:
                        1. to provide information on the union and union membership to any employee on the premises.

                          1. A discussion in a workplace between an employee and a representative of a union, who is entitled under this section and sections 20A and 21 to enter the workplace for the purpose of the discussion,—

                          2. must not exceed a reasonable duration; and
                            1. is not to be treated as a union meeting for the purposes of section 26.

                              1. An employer must not deduct from an employee's wages any amount in respect of the time the employee is engaged in a discussion referred to in subsection (4).

                              Compare
                              • 1991 No 22 ss 13, 14(1)
                              Notes
                              • Section 20(1): replaced, on , by section 7 of the Employment Relations Amendment Act 2018 (2018 No 53).
                              • Section 20(4): added, on , by section 9 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                              • Section 20(4): amended, on , by section 5 of the Employment Relations Amendment Act 2010 (2010 No 125).
                              • Section 20(5): added, on , by section 9 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).