Part 4
Recognition and operation of unions
Employer’s information sharing obligations
30AUnion may provide employer with information about role and functions of union to pass on to prospective employees
A union that is a party to a collective agreement may, at any time, request an employer that is a party to the agreement to provide certain specified information about the role and functions of the union to prospective employees under section 63B(3)(b).
The union must—
- specify the information that the union requests the employer to provide to prospective employees;
and
- specify the form in which the union requests the employer to provide the information to prospective
employees; and
- provide the information to the employer in the specified form.
The employer or a representative of the employer may refuse to comply with the request only if—
- the information is confidential; or
- the information—
- is about the employer; and
- would, or is likely to, mislead or deceive the prospective employee; and
- would significantly undermine bargaining between the employer and the prospective
employee.
- is about the employer; and
An employer who agrees to comply with the request must provide the information to prospective employees under section 63B(3)(b) in the specified form.
An employer must be treated as having agreed to comply with the request if the employer or a representative of the employer does not respond to the request within 15 working days.
If the union requests under subsection (2)(b) that the employer provide hard copies of the information to prospective employees,—
- the union must supply to the employer any hard copies of the information that the employer is
requested to provide to prospective employees; and
- the employer must notify the union in writing when the employer requires further hard copies of the
information to comply with the request.
Notes
- Section 30A: inserted, on , by section 11 of the Employment Relations Amendment Act 2018 (2018 No 53).