Unions
A union (sometimes referred to as a 'trade union') is an organisation that supports employees in a workplace. A primary function is to negotiate Collective Employment Agreements (CEA), but more broadly they support and advocate on behalf of employees. Employees can elect to be a member of a union whether or not their workplace has a CEA in place. An employer cannot dissuade a worker from joining a union, nor discriminate against a worker for being part of a union.
Unions charge fees to be a member and usually the employer is required to deduct such fees from the employee and pass it on the union.
Access to workplace
Section 20, 20A and 21 of the Employment Relations Act 2000 permits unions to enter a workplace for purposes related to the union's members; for purposes related to the union's business; and for purposes related to the health and safety of any employee on the premises who does not need to be a union member. They need to seek the employer's consent (except consent is not required to be requested where there is an existing CEA in place and the coverage clause of the CEA covers the work of the employees or where the intended coverage of the agreement being initiated for bargaining covers the work done by the employees), and the employer cannot unreasonably decline. The employer needs to respond to such a request within 1 working day, otherwise consent is deemed granted. If the employer wants to decline this should be done in writing. The employer may be subject to a penalty for unreasonably withholding consent or for failing to give reasons in writing for withholding consent.
If your employee is a union member they are allowed to attend up to 2 section 26 union meetings per year for up to 2 hours each - paid by the employer at their normal rate provided the meetings are held during the worker's usual hours and the other requirements of section 26 are met. Check the CEA however, in case extra obligations have been agreed to.
Worker representation
Unions can also represent workers in disciplinary matters even if you don't have CEAs in place. If your worker is under a CEA it's important to check the disciplinary procedures stipulated in the CEA to ensure compliance when addressing disciplinary matters formally. You should do this anyway even if your worker is under an Individual Employment Agreement (IEA).
Strikes & Lockouts
Strikes and lockouts are valid courses of action in certain specific deadlock instances. Part 8 of the Employment Relations Act 2000 is dedicated to the rules around strikes & lockouts. Strikes are where employees refuse to work, lockouts are where employers refuse to let the employees work. In both cases generally employees don't get paid, but no formal disciplinary action or even disadvantage can be taken for the situation provided the strike or lockout have been undertaken according to the 'rules'.
Both scenarios are considered to be the most serious form of industrial action that can be taken, and such cases unfortunately usually always lead to the further frustrations and erosion of the employment relationship between the parties as can be seen when following the current industrial action with the stalemate between Fire & Emergency NZ and the NZ Professional Firefighters Union:
https://portal.fireandemergency.nz/notices-news-and-events/news/fire-and-emergency-disappointed-to-receive-strike-notice-from-nzpfu/
The law is very strict around the rules for what is a
legitimate strike or lockout, some of which include;
- The action must relate to either collective bargaining or a Health & Safety issue.
- Notice and adherence of the impending action must be served to the other party and MBIE.
- Lockouts must state exactly (name) which staff are to be locked out. Strikes don't if it's everyone.
- Negotiations must have been in place for at least 40 days.
- A union must have undertaken a 'secret ballot' of its members to decide that strike action is the preferred way forwards by the majority.