Guidance

Apply for changes to the bargaining unit after recognition

How to ask the Central Arbitration Committee (CAC) to consider changes to a declaration of recognition.

You can apply to the CAC to change a declaration of recognition if either of the following is true:

  • the employer or union believes the bargaining unit (the workers in the company represented by the union) is no longer appropriate
  • the employer believes the bargaining unit no longer exists

Eligibility

You can make an application to the CAC at any time after the CAC has issued a declaration of recognition and there is a method of bargaining in place.

Make an application

If you, as the employer or union, believes the bargaining unit is no longer appropriate you should fill in the Application Form Part III Para 66 (MS Word Document, 160KB) .

If you, as the employer, believes the bargaining unit has ceased to exist you must give notice to the union by filling in Application Form Part III Para 74 (MS Word Document, 125KB) . The union can respond to this by completing the Application Form Part III Para 75 (MS Word Document, 155KB) .

In both cases the CAC will acknowledge your application, tell you the names of the panel members who will be considering the application and the name of the case manager who will be your contact.

What happens next

The CAC will decide:

  • if the application is admissible
  • if the bargaining unit is no longer appropriate or has ceased to exist

If the bargaining unit has ceased to exist, bargaining arrangements will finish.

If the bargaining unit continues to exist and is still appropriate, bargaining arrangements will continue.

If the bargaining unit is no longer appropriate, you’ll be given an opportunity to agree a new unit. If you can’t do that, the CAC will decide a new unit. There may need to be a ballot of the workers in the new unit.

The case manager will explain all the steps in this process.

Published 23 October 2014