01/09/2025

As part of “voice and representation” under the Good Jobs Employment Rights Bill, the Department for the Economy is proposing to strengthen the role of trade unions.

To do this the Department plans to introduce a new right of trade union access to workplaces. This new proposed right of access will apply to all workplaces whether a trade union is currently recognised or not.

Right of Access in New Zealand

Under New Zealand’s Employment Relations Act 2000 (Sections 19–25), trade union representatives have a legal right to access workplaces during working hours for a range of purposes including: supporting members with employment-related issues; promoting union membership; and ensuring compliance with employment legislation. This access is automatic when a collective agreement is in force or is being negotiated for the work done at that site. In other cases, union representatives must seek employer consent which cannot be unreasonably withheld. Employers are required to respond to access requests promptly—by the next working day—and if no response is given within 2 working days, consent is deemed to have been granted.

Even when consent is not required, union representatives must comply with specific conditions. They must enter at reasonable times, follow health, safety, and security procedures, and act in a manner that respects normal business operations. Upon arrival, they are expected to notify the employer of their presence, provide identification and the reason for their visit. If the employer cannot be located despite reasonable efforts, the representative must leave a written notice detailing their identity, union affiliation, time, date, and purpose of entry. These protocols are designed to balance union access with operational integrity and workplace safety.

There are limited circumstances under which access may be denied. These include: national security concerns; religious exemptions (supported by a certificate under Section 24); and situations where no employees are union members and the workforce is fewer than 20 people. Employers who deny access must provide written reasons, and penalties may apply for breaches of the access provisions. The legislation aims to ensure fair and reasonable access for unions while safeguarding employers’ rights to manage their premises and maintain operational continuity.

Your views

We are now seeking employers’ views on the Department’s plans.

Your views will help shape the operational details of how increased trade union access might work in practice if brought into law. The Department has stated that the right will come in (subject to Executive approval).

We are seeking your views on a number of areas, including:

1. Preferred methods for unions to request access (written, verbal, or other)
2. Appropriate points of contact within a business (owner, HR, etc.)
3. Reasonable timeframes for acknowledging and arranging access (e.g. 5 working days vs. New Zealand’s 2-day standard)
4. Scope of access—whether limited to common areas or negotiated case-by-case
5. Digital access protocols, including employee consent and communication limits
6. Grounds for denying access and whether these should be legislated
7. Coordination of multiple union requests to avoid operational disruption
8. Enforcement mechanisms, including potential penalties for non-compliance

It will be important that any new obligations placed on employers are proportionate, clearly defined, and sensitive to the realities of running a business. Your input will help ensure that any final legislation (if passed by the Executive) deals with the practical constraints faced by employers. If you have any comments, or if you are interested in helping us to respond to more detailed questions, please contact info@eefni.org