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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:

"Union representatives' rights to enter workplaces"

If you are a union representative, you can enter a workplace for certain purposes. You can do this if you think a union member works there and the purpose is related to them, as stated in section 20(2). You can also enter a workplace if the union's rules cover an employee who works there, as stated in section 20(3).

When you enter a workplace, you can only do so at reasonable times when employees are working. You must also be respectful of the normal business operations in the workplace. You have to follow any rules that are already in place for safety, health, or security.

You will need to tell the employer or someone in charge why you are entering the workplace. You will also need to show them your identity and proof that you are allowed to represent the union.

If you cannot find the employer or someone in charge, you will need to leave a note with your details, the union you represent, and the reason for your visit.

The employer cannot unreasonably stop you from entering the workplace if you are following these rules.

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This page was last updated on

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 rightsRights and equality > Anti-discrimination
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20A: Representative of union must obtain consent to enter workplace, or

"Union reps must ask bosses for permission to enter the workplace"

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22: When access to workplaces may be denied, or

"When You Can't Enter a Workplace for Security or Crime Reasons"

Part 4Recognition 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).