Employment Relations Act 2000

20A Representative of union must obtain consent to enter workplace

• (1) Before entering a workplace under section 21, a representative of a union must request and obtain the consent of the employer or a representative of the employer.

  (2) If a representative of a union makes a request under subsection (1),—

  • (a) the employer or representative of the employer must not unreasonably withhold consent; and

  • (b) the employer or representative of the employer must advise the representative of the union of the employer's or representative of the employer's decision as soon as is reasonably practicable but no later than the working day after the date on which the request was received; and

  • (c) the consent of the employer or representative of the employer (as the case may be) must be treated as having been obtained if the employer or representative of the employer does not respond to the request within 2 working days after the date on which the request was received.

  (3) If an employer or a representative of an employer withholds consent under subsection (2), the employer or representative of the employer must, as soon as is reasonably practicable but no later than the working day after the date of the decision, give reasons in writing for that decision to the representative of the union who made the request.

  (4) This section is subject to sections 22 and 23 (which specify when access to workplaces may be denied).

  Section 20A: inserted, on 1 April 2011, by section 6 of the Employment Relations Amendment Act 2010 (2010 No 125).