Employment Relations Act 2000 No 24 (as at 16 November 2009), Public Act

20 Access to workplaces
  • (1) A representative of a union is entitled, in accordance with this section and section 21, to enter a workplace—

    • (a) for purposes related to the employment of its members; or

    • (b) for purposes related to the union's business; or

    • (c) both.

    (2) The purposes related to the employment of a union's members include—

    • (a) to participate in bargaining for a collective agreement:

    • (b) to deal with matters concerning the health and safety of union members:

    • (c) to monitor compliance with the operation of a collective agreement:

    • (d) to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:

    • (e) 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:

    • (f) to seek compliance with relevant requirements in any case where non-compliance is detected.

    (3) The purposes related to a union's business include—

    • (a) to discuss union business with union members:

    • (b) to seek to recruit employees as union members:

    • (c) to provide information on the union and union membership to any employee on the premises.

    (4) A discussion in a workplace between an employee and a representative of a union, who is entitled under this section and section 21 to enter the workplace for the purpose of the discussion,—

    • (a) must not exceed a reasonable duration; and

    • (b) is not to be treated as a union meeting for the purposes of section 26.

    (5) 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)

    Section 20(4): added, on 1 December 2004, by section 9 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

    Section 20(5): added, on 1 December 2004, by section 9 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).