Employers: recognise a trade union
When the union applies for statutory recognition
The union can apply to the Central Arbitration Committee (CAC) for 鈥榮tatutory recognition鈥� if you do not agree to recognise them voluntarily.
CAC will accept the trade union鈥檚 application for recognition if it meets the requirements, unless you challenge the application.
Providing information to the CAC
You may be asked for information by the CAC case manager who is handling the union鈥檚 application, for example, how many employees are in the bargaining unit. CAC will still consider the application if you do not provide the information.
Challenge an application
You can challenge the application if you think it does not meet the requirements.
Application requirements
The union can apply if:
- they鈥檝e sent you a copy of their application and any supporting documents
- they have at least 10% union membership within the proposed bargaining unit
- they have evidence that a majority of employees are in favour of recognition - for example, a petition
They cannot apply if:
- they鈥檝e applied for recognition in the last 3 years
- they are not a certified independent union
- there鈥檚 already a recognition agreement that allows another union to represent employees in the bargaining unit
- another union - representing 10% of the employees in the proposed bargaining unit - has already applied to CAC
How to complain
CAC will send you a form so you can challenge the application if you think that the union has not met one or more of the requirements.
You have 5 working days to send it to CAC - the address is on the form.
You鈥檒l hear from CAC within 10 working days. They may:
- ask for more information so they can make a decision
- reject the application if the union has not met the requirements
- accept the union鈥檚 application
When the CAC accepts a union鈥檚 application
You鈥檒l need to start discussions about which employees the union will represent, sometimes known as the bargaining unit.