A union is an organisation that advocates for employee workplace rights and working conditions. Unions bargain for collective employment agreements with employers and help employees with information and advice about work-related issues.
As an employer, you may be contacted by a union representative wanting access to the workplace or employees. Some employer rights and obligations are set out below.
Union membership is a choice
Employees have the right to choose whether to become a union member. An employment agreement or contract cannot require anyone to join or not join a union. You cannot treat any employee differently based on their membership.
Employees must be paid for attending union meetings
Union members can go to at least 2 union meetings every calendar year.
If the meeting is during an employee’s normal working hours, the employer must pay them their ordinary pay for up to 2 hours while they’re attending the meeting.
Employers do not have to pay employees for any time over 2 hours unless agreed otherwise.
Notice of union meetings
- The union and employer should act in good faith to try to agree on a meeting time that works for both of them, thinking about the employer’s operational requirements.
- The union must give the employer at least 14 days’ notice of the date and time of a union meeting.
- The union must make arrangements with the employer to maintain the employer’s business during union meetings (which may include enough union members not attending the meeting so the employer’s operations can continue).
- After the meeting, the union must give the employer a list of members who attended and confirm how long the meeting was.
- The employees must be back at work as soon as practical after the meeting.
Can a union walk into my workplace?
A union representative does not need to obtain consent from an employer before entering a workplace if there is either:
- a collective agreement is in force that covers work done by employees at that workplace; or
- a collective agreement is being bargained for that covers work done by employees at that workplace.
Where either of the above doesn’t apply then the previous rules still apply — union representatives must obtain the consent of an employer or representative of an employer before entering the workplace.
More information about union access to workplaces can be found at Employment New Zealand.
