Ace Payroll: Employment Relations Act 2000 Part 4 Recognition And Operation Of Unions


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Employment Relations Act 2000
Part 4 Recognition And Operation Of Unions

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

Part 4 Recognition And Operation Of Unions

Section 12 - Object of this Part
Registration of unions and related matters

Section 13 - Application by society to register as union

Section 14 - When society entitled to be registered as union

Section 15 - Registration of society as union

Section 16 - Annual return of members

Section 17 - Cancellation of union's registration
Union's right to represent members

Section 18 - Union entitled to represent members' interests
Access to workplaces

Section 19 - Workplace does not include dwellinghouse

Section 20 - Access to workplaces

Section 21 - Conditions relating to access to workplaces

Section 22 - When access to workplaces may be denied

Section 23 - When access to workplaces may be denied on religious grounds

Section 24 - Issue of certificate of exemption

Section 25 - Penalty for certain acts in relation to entering workplace
Union meetings

Section 26 - Union meetings
Registrar of Unions

Section 27 - Registrar of Unions

Section 28 - Registrar of Unions may seek directions of Authority

Section 29 - Persons who have standing in proceedings relating to unions

Section 30 - Offence to mislead Registrar

Section 12
Object Of This Part

The object of this Part is

(a) to recognise the role of unions in promoting their members' collective employment interests; and

(b) to provide for the registration of unions that are accountable to their members; and

(c) to confer on registered unions the right to represent their members in collective bargaining; and

(d) to provide representatives of registered unions with reasonable access to workplaces for purposes related to employment and union business.

Registration of unions and related matters

Section 13
Application By Society To Register As Union

(1) A society that is entitled to be registered as a union may apply to the Registrar of Unions to be registered as a union under this Act.

(2) An application must be made in the prescribed manner and must be accompanied by

(a) a copy of the society's certificate of incorporation under the Incorporated Societies Act 1908; and

(b) a copy of the society's rules as registered under that Act; and

(c) a statutory declaration made by an officer of the society setting out the reasons why the society is entitled to be registered as a union.

Section 14
When Society Entitled To Be Registered As Union

(1) A society is entitled to be registered as a union if

(a) the object or, if the society has more than 1 object, an object of the society is to promote its members' collective employment interests; and

(b) the society is incorporated under the Incorporated Societies Act 1908; and

(c) the society's rules are

(i) not unreasonable; and

(ii) democratic; and

(iii) not unfairly discriminatory or unfairly prejudicial; and

(iv) not contrary to law; and

(d) the society is independent of, and is constituted and operates at arm's length from, any employer.

(2) In deciding whether a society is entitled to be registered as a union, the Registrar of Unions may rely on the statutory declaration made under section 13(2)(c).

Section 15
Registration Of Society As Union

(1) The Registrar of Unions must register a society as a union if the society

(a) applies, in accordance with section 13, to be registered as a union; and

(b) is entitled to be registered as a union.

(2) Immediately after registering a union, the Registrar of Unions must give a certificate of registration in the prescribed form to the union.

(3) The certificate of registration is conclusive evidence that

(a) all the requirements of this Act relating to the registration of the union have been complied with; and

(b) on and from the date of registration stated in the certificate, the union is registered as a union under this Act.

Section 16
Annual Return Of Members

A union must deliver to the Registrar of Unions, not later than 1 June in each calendar year, an annual return of members, stating how many members it had as at 1 March in that year.

Section 17
Cancellation Of Union's Registration

(1) The Registrar of Unions may cancel the registration of a union under this Act, but only if

(a) the union applies to the Registrar of Unions to cancel its registration; or

(b) the Authority makes an order directing the Registrar of Unions to cancel the union's registration.

(2) The Authority may make an order for the purposes of subsection (1)(b) only if the union has ceased to comply with section 14(1).

Union's right to represent members

Section 18
Union Entitled To Represent Members' Interests

(1) A union is entitled to represent its members in relation to any matter involving their collective interests as employees.

(2) This Act does not prevent a union offering different classes of membership.

(3) A union may represent an employee in relation to the employee's individual rights as an employee only if the union has an authority from the employee to do so given under section 236.

Access to workplaces

Section 19
Workplace Does Not Include Dwellinghouse

For the purposes of sections 20 to 25, workplace does not include a dwellinghouse.

Section 20
Access To Workplaces

(1) A representative of a union is entitled, in accordance with this section and section 21, to enter a workplace

(a) for purposes related to the employment of its members; or

(b) for purposes related to the union's business; or

(c) both.

(2) The purposes related to the employment of a union's members include

(a) to participate in bargaining for a collective agreement:

(b) to deal with matters concerning the health and safety of union members:

(c) to monitor compliance with the operation of a collective agreement:

(d) to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:

(e) with the authority of an employee, to deal with matters relating to an individual employment agreement or a proposed individual employment agreement or an individual employee's terms and conditions of employment or an individual employee's proposed terms and conditions of employment:

(f) to seek compliance with relevant requirements in any case where non-compliance is detected.

(3) The purposes related to a union's business include

(a) to discuss union business with union members:

(b) to seek to recruit employees as union members:

(c) to provide information on the union and union membership to any employee on the premises.

Section 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) Nothing in subsections (1) to (4) allows an employer to unreasonably deny a representative of a union access to a workplace.

Section 22
When Access To Workplaces May Be Denied

1) A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice

(a) the security or defence of New Zealand; or

(b) the investigation or detection of offences.

(2) A certificate given in accordance with subsection (3) is conclusive evidence that grounds exist under subsection (1) for denying entry to the premises or part of the premises.

(3) A certificate is given in accordance with this subsection if—

(a) it is given by the Attorney-General; and

(b) it certifies, in respect of the premises or part of the premises concerned, that permitting entry under section 20 might prejudice

(i) the security or defence of New Zealand; or

(ii) the investigation or detection of offences.

Section 23
When Access To Workplaces May Be Denied On Religious Grounds

A representative of a union may be denied access to a workplace if

(a) all the employees employed in the workplace are employed by an employer who holds a current certificate of exemption issued under section 24; and

(b) none of the employees employed in the workplace is a member of a union; and

(c) there are no more than 20 employees employed to work in the workplace.

Section 24
Issue Of Certificate Of Exemption

(1) The chief executive may, for the purposes of section 23, issue a certificate of exemption to an employer who is an individual if the chief executive is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which the employer is a member.

(2) The chief executive may revoke a certificate of exemption if

(a) the employer to whom it has been issued agrees; or

(b) it was issued in error; or

(c) the chief executive is satisfied that the employer has ceased to be a person eligible to be issued with the certificate.

Section 25
Penalty For Certain Acts In Relation To Entering Workplace

Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,

(a) refuses to allow a representative of a union to enter a workplace; or

(b) obstructs a representative of a union in entering a workplace or in doing anything reasonably necessary for or incidental to the purpose for entering the workplace; or

(c) wilfully fails to comply with section 21.

Union meetings

Section 26
Union Meetings

(1) An employer must allow every union member employed by the employer to attend

(a) at least 1 union meeting (of a maximum of 2 hours duration) in the calendar year 2000; and

(b) at least 2 union meetings (each of a maximum of 2 hours' duration) in each calendar year after the calendar year 2000.

(2) The union must give the employer at least 14 days' notice of the date and time of any union meeting to which subsection (1) applies.

(3) The union must make such arrangements with the employer as may be necessary to ensure that the employer's business is maintained during any union meeting to which subsection (1) applies, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer's operations to continue.

(4) Work must resume as soon as practicable after the meeting, but the employer is not obliged to pay any union member for a period longer than 2 hours in respect of any meeting.

(5) An employer must allow a union member employed by the employer to attend a union meeting under subsection (1) on ordinary pay to the extent that the employee would otherwise be working for the employer during the meeting.

(6) For the purposes of subsection (5), the union must

(a) supply to the employer a list of members who attended the union meeting; and

(b) advise the employer of the duration of the meeting.

(7) Every employer who fails to allow a union member to attend a union meeting in accordance with this section is liable to a penalty imposed by the Authority.

Registrar of Unions

Section 27
Registrar Of Unions

(1) The chief executive may appoint an employee of the Department to be the Registrar of Unions, and may appoint another employee of the Department to be the Deputy Registrar of Unions.

(2) An employee appointed under subsection (1) may also hold any other office or position in the Department.

(3) Subject to the control and direction of the Registrar of Unions, the Deputy Registrar of Unions has and may exercise all the powers, duties, and functions of the Registrar.

Section 28
Registrar Of Unions May Seek Directions Of Authority

(1) The Registrar of Unions may apply to the Authority for directions relating to the exercise of his or her powers, duties, or functions under this Part.

(2) An application must be served on all persons who, in the Registrar's opinion, are interested in the application.

Section 29
Persons Who Have Standing In Proceedings Relating To Unions

The following persons have standing to commence or be a party to or be heard on matters within the Authority's jurisdiction that relate to a union under this Part:

(a) the union:

(b) a member of the union:

(c) another union with a direct interest in the proceedings:

(d) the Registrar of Unions:

(e) an employer who is directly affected by the existence of the union or its activities:

(f) with the leave of the Authority, any other person.

Section 30
Offence To Mislead Registrar

Every person commits an offence and is liable on conviction by the Court to a fine not exceeding $5,000 who does or says anything, or omits to do or say anything, with the intention of misleading or attempting to mislead the Registrar of Unions.

End of Part 4

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

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Updated: 9th December 2008
Published: 27th August 2000

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