Employment Relations Amendment Act 2018

  • Corrections have been made to section 2(a)(v) and the Schedule on 13 December 2018 under section 25(1)(j)(iii) & (v) of the Legislation Act 2012.
6 New section 18A inserted (Union delegates entitled to reasonable paid time to represent employees)

After section 18, insert:

18A Union delegates entitled to reasonable paid time to represent employees

(1)

An employee is entitled to spend reasonable paid time undertaking union activities during the employee’s normal hours of work if—

(a)

the employee has been appointed or elected as a union delegate, in accordance with the rules or procedures of the union, to represent other employees of the employee’s employer who are members of the union on matters relating to their employment; and

(b)

the activities relate to representation of employees of the employer; and

(c)

the activities would not unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.

(2)

Before undertaking activities under subsection (1), an employee must—

(a)

agree with the employer that the employee may undertake activities under this section from time to time without notice; or

(b)

notify the employer—

(i)

when the employee intends to undertake the activities; and

(ii)

how long the employee intends to spend undertaking the activities.

(3)

The employer may refuse to allow an employee to undertake the activities only if the employer is satisfied, on reasonable grounds, that the activities would unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.

(4)

An employer must pay the employee for any time spent undertaking union activities under subsection (1) at the rate of pay that the employee would otherwise have received if the employee were performing their ordinary employment duties during that time.

(5)

This section does not prevent an employer from providing an employee with enhanced or additional entitlements to spend paid time undertaking union activities on a basis agreed with the employee.