Employment Relations Act 2000 No 24 (as at 01 July 2011), Public Act

21 Conditions relating to access to workplaces
  • (1) A representative of a union may enter a workplace—

    • (a) for a purpose specified in section 20(2) if the representative believes, on reasonable grounds, that a member of the union, to whom the purpose of the entry relates, is working or normally works in the workplace:

    • (b) for a purpose specified in section 20(3) if the representative believes, on reasonable grounds, that the union's membership rule covers an employee who is working or normally works in the workplace.

    (2) A representative of a union exercising the right to enter a workplace—

    • (a) may do so only at reasonable times during any period when any employee is employed to work in the workplace; and

    • (b) must do so in a reasonable way, having regard to normal business operations in the workplace; and

    • (c) must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to—

      • (i) safety or health; or

      • (ii) security.

    (3) A representative of a union exercising the right to enter a workplace must, at the time of the initial entry and, if requested by the employer or a representative of the employer or by a person in control of the workplace, at any time after entering the workplace,—

    • (a) give the purpose of the entry; and

    • (b) produce—

      • (i) evidence of his or her identity; and

      • (ii) evidence of his or her authority to represent the union concerned.

    (4) If a representative of a union exercises the right to enter a workplace and is unable, despite reasonable efforts, to find the employer or a representative of the employer or the person in control of the workplace, the representative must leave in a prominent place in the workplace a written statement of—

    • (a) the identity of the person who entered the premises; and

    • (b) the union the person is a representative of; and

    • (c) the date and time of entry; and

    • (d) the purpose or purposes of the entry.

    (5) [Repealed]

    Compare: 1991 No 22 s 14(2)–(4)

    Section 21(5): repealed, on 1 April 2011, by section 7 of the Employment Relations Amendment Act 2010 (2010 No 125).