union rights

Representing members

Unions have a right to represent their members in relation to any matter involving the members' collective employment interests. Unions also have the right to negotiate collective agreements.

Unions may also represent a member on individual employment issues where the member authorises the union to do so.

Access to workplaces

Union representatives have the right to enter workplaces in either or both of the following cases:

• They reasonably believe that members work there. If so, the union representative may see members and look into and promote their members' employment rights.
• They reasonably believe that employees covered by the union's membership rule work there. If so, the union representative may provide information and talk to non-members about joining the union.

Employers must allow union representatives to come into their workplaces, and union representatives must exercise access in a reasonable way. When entering workplaces, union representatives must:

• do so at reasonable times
• 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 entry and the representative's identity and authority to represent the union. If the employer or occupier is not there, the union representative must leave a written notice.

None of these things entitle an employer to unreasonably refuse a union representative access to the workplace.

Union meetings

Union members are entitled to attend two union meetings (of up to two hours each) each year. Employers have to pay those union members who attend the meeting during their normal working hours. However, the employer does not have to pay union members who would not normally be working at the time the meeting is held (i.e. employees who are on a day off or off shift).

Workplace Discussions

Workplace discussions between union representatives and union members are separate from union meetings. Any workplace discussion must be limited to a reasonable duration. Employers cannot deduct wages or salaries from employees who attend such workplace discussions.

Deduction of union fees

The Employment Relations Act 2000 inserts into all employment agreements a requirement to deduct union fees where the employee consents. These arrangements may be varied in an employment agreement.