Section 21 — Employment Relations Act 2000: Conditions relating to access to workplaces

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. Compare: 1991 No 22 s 14(2)-(4)