Environmental and Policy – Policy and Compliance

Rules that apply to all growers

Unions

A union is an organisation that advocates for employee workplace rights and working conditions. Unions bargain for collective employment agreements with employers and help employees with information and advice about work-related issues.

As an employer, you may be contacted by a union representative wanting access to the workplace or employees. Some employer rights and obligations are set out below.

Union membership is a choice

Employees have the right to choose whether to become a union member. An employment agreement or contract cannot require anyone to join or not join a union. You cannot treat any employee differently based on their membership.

Employees must be paid for attending union meetings

Union members can go to at least 2 union meetings every calendar year.

If the meeting is during an employee’s normal working hours, the employer must pay them their ordinary pay for up to 2 hours while they’re attending the meeting.

Employers do not have to pay employees for any time over 2 hours unless agreed otherwise.

Notice of union meetings

The union and employer should act in good faith to try to agree on a meeting time that works for both of them, thinking about the employer’s operational requirements.
The union must give the employer at least 14 days’ notice of the date and time of a union meeting.
The union must make arrangements with the employer to maintain the employer’s business during union meetings (which may include enough union members not attending the meeting so the employer’s operations can continue).
After the meeting, the union must give the employer a list of members who attended and confirm how long the meeting was.
The employees must be back at work as soon as practical after the meeting.

Can a union walk into my workplace?

A union representative does not need to obtain consent from an employer before entering a workplace if there is either:

a collective agreement is in force that covers work done by employees at that workplace; or
a collective agreement is being bargained for that covers work done by employees at that workplace.

Where either of the above doesn’t apply then the previous rules still apply — union representatives must obtain the consent of an employer or representative of an employer before entering the workplace.

More information about union access to workplaces can be found at Employment New Zealand.

Providing accommodation for your employees

Providing accommodation for a worker to live during their employment is called a service tenancy. This is includes Recognised Seasonal Employer (RSE) workers.

All service tenancies need a written tenancy agreement. Even if the tenant doesn’t pay rent, it’s still a service tenancy and the Residential Tenancies Act 1986 applies. The tenancy agreement can sometimes be part of the employment contract, but it’s better if they’re separate.

Landlords and tenants are responsible for meeting their obligations under tenancy law. For landlords, this includes ensuring the property is maintained to a reasonable standard, has appropriate working smoke alarms, meets health and safety requirements, and is compliant with the healthy homes standards. Landlords must also provide the tenant with certain information and statements, including an insurance statement, insulation statement and healthy homes standards compliance statement.

Deducting rent from wages

You can deduct the rent directly from the worker’s pay each pay period. This can only happen if:

the worker agrees;
it is in their employment contract; and
it complies with employment law.

If there is a longer pay period (eg, due to a holiday) the landlord can deduct the rent for that same longer period.

More information about service tenancies and healthy homes can be found at Tenancy Services

More information about providing accommodation for RSE workers can be found at Immigration New Zealand