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Employment Relations Act 2000

Recognition and operation of unions - Union's right to represent members

18A: Union delegates entitled to reasonable paid time to represent employees

You could also call this:

“Union helpers can get paid for helping workers during work hours, as long as it doesn't cause problems.”

You can spend some of your work time on union activities if you’re a union delegate. This means you’ve been chosen to represent other workers who are in your union. You can do this during your normal work hours, and your employer should pay you for this time.

For this to happen, you need to be doing activities that are about representing the workers at your job. Also, these activities shouldn’t cause too much trouble for your work or your employer’s business.

Before you do any union activities, you need to either agree with your employer that you can do them without telling them each time, or you need to let your employer know when you’re going to do them and how long it will take.

Your employer can say no to you doing these activities, but only if they have good reasons to think it will cause too much trouble for the business or your work.

When you spend time on union activities, your employer should pay you the same as if you were doing your normal job.

Your employer can give you more time or better conditions for union activities if they want to, but they don’t have to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS195839.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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18: Union entitled to represent members' interests, or

“The union can speak up for workers as a group and help with personal issues if asked.”

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

Part 4 Recognition and operation of unions
Union's right to represent members

18AUnion delegates entitled to reasonable paid time to represent employees

  1. An employee is entitled to spend reasonable paid time undertaking union activities during the employee’s normal hours of work if—

  2. the employee has been appointed or elected as a union delegate, in accordance with the rules or procedures of the union, to represent other employees of the employee’s employer who are members of the union on matters relating to their employment; and
    1. the activities relate to representation of employees of the employer; and
      1. the activities would not unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.

        1. Before undertaking activities under subsection (1), an employee must—

        2. agree with the employer that the employee may undertake activities under this section from time to time without notice; or
          1. notify the employer—
            1. when the employee intends to undertake the activities; and
              1. how long the employee intends to spend undertaking the activities.

              2. The employer may refuse to allow an employee to undertake the activities only if the employer is satisfied, on reasonable grounds, that the activities would unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.

              3. An employer must pay the employee for any time spent undertaking union activities under subsection (1) at the rate of pay that the employee would otherwise have received if the employee were performing their ordinary employment duties during that time.

              4. This section does not prevent an employer from providing an employee with enhanced or additional entitlements to spend paid time undertaking union activities on a basis agreed with the employee.

              Notes
              • Section 18A: inserted, on , by section 6 of the Employment Relations Amendment Act 2018 (2018 No 53).