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Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

21: Conditions relating to access to workplaces

You could also call this:

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

If you represent a union, you can enter a workplace if you think a union member works there or if the union’s membership rules cover an employee who works there. This is for the reasons explained in section 20(2) and 20(3).

When you enter a workplace as a union representative, you need to follow some rules:

You can only enter at reasonable times when employees are working. You must enter in a way that doesn’t disrupt normal business operations. You also need to follow any safety, health, or security procedures that the workplace has.

When you first enter, or if someone asks you, you need to explain why you’re there. You also need to show proof of who you are and that you represent the union.

If you can’t find anyone in charge when you enter, you need to leave a note. This note should say who you are, which union you represent, when you came in, and why you were there.

The employer can’t unfairly stop you from entering the workplace if you follow these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58646.

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

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22: When access to workplaces may be denied, or

“Union representatives can be stopped from entering workplaces if it might hurt New Zealand's safety or make it hard to catch criminals.”

Part 4 Recognition and operation of unions
Access to workplaces

21Conditions relating to access to workplaces

  1. A representative of a union may enter a workplace—

  2. for a purpose specified in section 20(2) if the representative believes, on reasonable grounds, that a member of the union, to whom the purpose of the entry relates, is working or normally works in the workplace:
    1. for a purpose specified in section 20(3) if the representative believes, on reasonable grounds, that the union's membership rule covers an employee who is working or normally works in the workplace.

      1. A representative of a union exercising the right to enter a workplace—

      2. may do so only at reasonable times during any period when any employee is employed to work in the workplace; and
        1. must do so in a reasonable way, having regard to normal business operations in the workplace; and
          1. must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to—
            1. safety or health; or
              1. security.

              2. A representative of a union exercising the right to enter a workplace must, at the time of the initial entry and, if requested by the employer or a representative of the employer or by a person in control of the workplace, at any time after entering the workplace,—

              3. give the purpose of the entry; and
                1. produce—
                  1. evidence of his or her identity; and
                    1. evidence of his or her authority to represent the union concerned.

                    2. If a representative of a union exercises the right to enter a workplace and is unable, despite reasonable efforts, to find the employer or a representative of the employer or the person in control of the workplace, the representative must leave in a prominent place in the workplace a written statement of—

                    3. the identity of the person who entered the premises; and
                      1. the union the person is a representative of; and
                        1. the date and time of entry; and
                          1. the purpose or purposes of the entry.

                            1. Nothing in subsections (1) to (4) allows an employer to unreasonably deny a representative of a union access to a workplace.

                            2. Repealed
                            Compare
                            • 1991 No 22 s 14(2)–(4)
                            Notes
                            • Section 21(5): inserted, on , by section 9 of the Employment Relations Amendment Act 2018 (2018 No 53).
                            • Section 21(5): repealed, on , by section 7 of the Employment Relations Amendment Act 2010 (2010 No 125).