Union at the Workplace

Union at the Workplace



Applies to: all TWL

A union’s right to access a workplace 


Both the employer and the union should deal with union visits in good faith.

Union representatives can come into workplaces (not including dwelling houses) only if:

• they reasonably believe that members of their union work there. If so, the union representative enter the workplace for purposes related to the employment of its members, including:
  • bargaining for a collective agreement
  • matters concerning the health and safety of members
  • monitoring compliance with the operation of a collective agreement
  • monitoring compliance with this Act and other Acts dealing with employment-related rights in relation to union members
  • dealing with matters relating to existing or proposed individual employment agreements or an individual employee’s existing or proposed terms and conditions of employment (with the agreement    of the employee)
  • to seek compliance with relevant requirements if there is noncompliance
• they reasonably believe that an employee covered by that union's membership rule works there. If so, the union representative may discuss union business with members, provide information     about the union and union membership and try to recruit new members.

A union representative can only talk to an employee for a reasonable amount of time and the employer can’t deduct anything from the employee’s pay for the time they’re talking to the union representative. An employee’s discussion with a union representative in this situation is not a union meeting.

Process to access workplaces

A union representative wanting to come into a workplace must come at reasonable times when any employee is employed to work, and has to ask the employer first.

If an employer gets a request to come into the workplace, the employer can’t unreasonably say no and has to give the union their decision as soon as reasonably practicable, and by the next working day.
• If the employer says no, they have to give their reasons for this in writing to the union representative who asked for access as soon as reasonably practical and no more than the next working 
  day after the date of their decision.
• If the employer says no but doesn’t give the reasons in writing, or unreasonably says no, they could get a financial penalty from the Employment Relations Authority.
• If the employer doesn’t reply within 2 working days of getting the request, then that is taken as the employer saying yes for the union representative to come in.

Conduct of union representatives in the workplace


Union officials must act in a reasonable way in the workplace. Union representatives must:
• act reasonably, having regard to normal business operations
• comply with any existing reasonable health, safety and security procedures
• notify the employer or occupier of the reason for coming in, provide evidence of their identity and authority to represent the union. If the employer or occupier isn’t there or can’t be found (despite    reasonable efforts), the union representative must leave a written notice saying who they are, the union they represent, date, time and purpose of entry. (Evidence of identity will often be required    for all visitors anyway for security and health and safety requirements).

Content from the Employment new Zealand website. For more information: www.employment.govt.nz

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