Employment Relations Act 2000
Union Access to Workplaces

Today heralds a new era in industrial relations as the Employment Relations Act ("ERA") took effect. The ERA gives greater recognition to unions and greatly increases their rights, including the right of access to an employer's premises. In what circumstances can a union access an employer's premises? Are there any limitations on the right of access?

Under the ERA, a union representative is entitled to enter a workplace for any purpose relating to the employment of its members, or relating to its (the Union's) business. This includes recruiting new members, and providing information about union membership to employees.

A union representative may only enter a workplace if he or she believes on reasonable grounds that

A union representative is not permitted to enter a workplace if it is a dwelling house. Thus, an Englishman's home is still his castle.

A Union representative exercising the right of entry may only do so at reasonable times when employees are working, and must do so in a reasonable way having regard to normal business operations in the work place. For example, a union representative would not be entitled to access if doing so would disrupt an assembly line or slaughtering chain.

Union representatives must also comply with any existing reasonable security or health and safety requirements that exist in the workplace. They must also produce evidence of their identity and of their authority to represent the union before access may be granted.

In determining what is a reasonable time, the employer may have regard to what the employees are doing, and what the area that access is sought to is being used for, at the time access is sought.

Other relevant factors include the degree of disruption involved, the length of time to be taken, the frequency of previous requests for entry, and the length of time before an employee will be free from his or her duties. The Court of Appeal has also previously held that requests for entry without prior notice to the employer will hardly ever be reasonable.

The ERA provides for stiff penalties for anyone, whether they are a union representative or an employer, who breaches the access provisions. Individuals may be fined (called a penalty) to $5000, and companies and corporations up to $10,000.

Churches or religious orders whose doctrines or beliefs preclude union membership may apply to the Chief Executive of the Department of Labour for a certificate of exemption from the ERA's access requirements.

More ERA Resources

How to offer employment when there is no union	Article on new employees and collective agreements
Difference between employee and self employed contractor	Article on union access to an employer's premises

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