Union rights and workplace access in New Zealand are primarily governed by the Employment Relations Act 2000 (ERA). This legislation sets out the framework for employees' freedom of association, the role of unions, and their ability to engage with members and potential members at their workplace.
Freedom of Association
Employees in New Zealand have the fundamental right to choose whether to join a union or not. This is known as freedom of association, meaning the right of individuals to join or not join an organisation, in this context, a trade union. This right is protected by law, and an employer cannot require an employee to be a member of a union, nor can they prevent an employee from becoming a member of a union [Source: Employment Relations Act 2000, s 9(b), s 9(c)].
Union Representation
An employee has the right to be represented by a union – an organisation of employees formed to protect and promote their interests – in discussions and negotiations with their employer [Source: Employment Relations Act 2000, s 9(a)(i)]. Unions can act as advocates for their members on various employment matters, including terms and conditions of employment, disciplinary issues, and health and safety concerns. For a union to have certain statutory rights under the ERA, it must be registered under the Act [Source: Employment Relations Act 2000, Part 4].
Right of Access to Workplaces
A key right for registered unions is the ability for their officials to access workplaces where their members are employed or where they are seeking to recruit members. This right is intended to facilitate effective union representation and communication.
Purpose of Access
A union official – a person who is authorised by a union to represent its members – may enter a workplace for the following purposes [Source: Employment Relations Act 2000, s 20(1)]:
- To discuss any employment matter with union members or potential members.
- To obtain information about a suspected breach of an employment agreement or the ERA.
- To provide information about the union, its rules, or its activities.
- To recruit new union members.
- To deal with health and safety matters relevant to the union's members [Source: Health and Safety at Work Act 2015, s 76].
Conditions for Access
While union officials have a right of entry, it is subject to certain conditions to ensure that the employer's operations are not unreasonably disrupted. A union official must [Source: Employment Relations Act 2000, s 20(2), s 20(3)]:
- Give reasonable notice: Generally, at least 24 hours' written notice must be given to the employer before entry, unless the employer agrees to a shorter period or the purpose of entry requires immediate action.
- Enter at reasonable times: Entry must occur at reasonable times, which typically means during the workplace's ordinary working hours.
- Enter in a reasonable way: The official must conduct themselves in a reasonable manner and not cause undue disruption – significant interference with the employer's business operations – to the employer's business operations or the work of employees.
Restrictions on Access
The right of entry does not permit a union official to act in a way that [Source: Employment Relations Act 2000, s 20(4)]:
- Endangers the health or safety of any person.
- Unreasonably discloses confidential information.
- Unreasonably prejudices the commercial interests of the employer.
- Unreasonably disrupts the work of the employer or any employee.
Employers may impose reasonable health and safety, security, or confidentiality requirements on union officials entering their premises [Source: Employment Relations Act 2000, s 20(4)].
Employer Obligations
An employer must not obstruct or hinder a union official from exercising their right of entry under the ERA [Source: Employment Relations Act 2000, s 20(5)]. Failure to comply with the rules regarding union access can result in an enforcement action through the Employment Relations Authority.
Paid Union Meetings
Employees who are union members generally have the right to attend two paid union meetings per calendar year, each lasting up to two hours, without loss of pay [Source: Employment Relations Act 2000, s 26(1)]. This right is subject to specific conditions, including the union giving the employer 14 days' notice of the meeting and providing a list of members who wish to attend [Source: Employment Relations Act 2000, s 26(2), s 26(3)]. The employer can reduce an employee's pay for time spent at a union meeting beyond the two-hour limit per meeting or two meetings per year [Source: Employment Relations Act 2000, s 26(4)]. The union must also ensure that the meeting does not unduly disrupt the employer's business [Source: Employment Relations Act 2000, s 26(5)].
Prohibition on Discrimination
Employers are prohibited from discriminating against an employee or job applicant based on their union membership or non-membership, or their involvement in union activities. This includes decisions regarding hiring, promotion, training, dismissal, or any other aspect of employment [Source: Employment Relations Act 2000, s 104].
When to Seek Independent Legal Advice
It is recommended that employers, employees, or unions seek independent legal advice if they have questions or concerns about specific rights and obligations relating to union matters, workplace access, or employment disputes. Assistance can be obtained from the Employment Relations Authority, the Ministry of Business, Innovation and Employment (MBIE) employment services, or Community Law Centres for free advice.
Key Resources
- Employment Relations Act 2000: https://www.legislation.govt.nz/act/public/2000/0024/latest/whole.html
- Employment New Zealand (MBIE): https://www.employment.govt.nz/
- Employment Relations Authority: https://www.era.govt.nz/
- Health and Safety at Work Act 2015: https://www.legislation.govt.nz/act/public/2015/0070/latest/whole.html