Statutory Recognition - Guidance on Part III of Schedule A1
This part of Schedule A1 is about changes to the bargaining unit or where the bargaining unit has ceased to exist
Applies to England, Scotland and Wales
Introduction
1.1 Part III of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended by the Employment Relations Act 2004 and the Employment Rights Act 2025) covers how a bargaining unit with a statutory recognition agreement in place is affected when either the employer or union believes that the unit has changed, or if the employer believes it has ceased to exist altogether. Applications can only be made under Part III where the CAC has issued a declaration of recognition under Part I of Schedule A1 and there is a collective bargaining method in place. It does not apply to recognition agreements under Part II of the Schedule. Most Part III applications can be made at any time after a declaration of recognition. However, an application in respect of a substantial change in the number of workers employed in the original unit cannot be made within three years of the declaration of recognition.
1.2 This booklet is a practical guide and should not be relied on as a statement of the law. If you wish to understand the rights and obligations of trade unions and employers fully, you should study the Act itself, available from the Office of Public Sector Information (OPSI), or consult a lawyer. This Guide will continue to evolve in the light of experience.
1.3 Besides this guidance, you may wish to consult:
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the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process available from the Department for Business and Trade (DBT), the CAC and at www.gov.uk,
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the CAC website gives information on the CAC, its members, its role and the statutory recognition and derecognition processes,
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the CAC’s Application Form and notes on the Form, available on the CAC website.
1.4 Throughout this guide, references to ‘union’ should be read as references to ‘unions’ in the plural where the CAC has declared more than one union recognised by the employer.
The Central Arbitration Committee
2.1 The Central Arbitration Committee (CAC) is an independent tribunal with statutory powers. Its Chair is Stephen Redmond. Under the Employment Relations Act 1999, it has been given statutory responsibility to adjudicate disputes over trade union recognition. It also has powers in relation to the Information and Consultation Regulations, European Works Councils and The European Public Limited – Liability Company (Employee Involvement) (Great Britain) Regulations 2009 and it determines claims from trade unions on the disclosure of information for collective bargaining purposes. It can also provide voluntary arbitration on a reference from Acas. The CAC’s approach is flexible and seeks to be problem-solving, in line with its general duty under paragraph 171 of the Schedule to “have regard to the object of encouraging and promoting fair and efficient practices and arrangements in the workplace”. Trade union recognition presently forms the vast majority of the CAC’s work. This guide only covers the statutory recognition provisions in the Trade Union and Labour Relations (Consolidation) Act 1992. A summary of all the statutory provisions relating to trade union recognition and derecognition is at Annex 1.
CAC Proceedings
3.1 The CAC will be even-handed in its application of the legislation. The procedures will be as user-friendly for both employers and trade unions as possible.
3.2 On receipt, an application will be checked to ensure that all of the relevant questions have been answered and that it is made in line with the statute before being allocated to a CAC case manager, a member of the Secretariat. Incomplete applications will be returned to unions for resubmission and applications not accompanied by documents that are specified by the CAC will be rejected. The existence of each registered application will be made public on the CAC website.
3.3 A panel of three CAC members will be appointed to deal with each application. The panel will consist of the CAC Chair or, more usually, one of the Deputies and one Member with experience as a representative of employers and one Member with experience as a representative of workers. While the composition of the panel will normally remain the same throughout an application, it may be necessary to change the membership in the event of unavailability of one of the members. Both parties will be informed of the names of the panel members, and of any changes in the composition of the panel.
3.4 The case manager will be the main point of parties’ contact, making enquiries of the parties on the instructions of the Panel. They will ensure that correspondence and documents are cross copied between the parties and the panel as appropriate. The case manager will explain the statutory procedures and help both parties understand the implications of the legislation, as well as resolve difficulties. Either party can contact the case manager with queries concerning the application and the statutory procedure; the case manager can quickly liaise with the Panel where necessary. Should the case manager be out of the office for any reason, another CAC official will handle the case in their absence.
3.5 The CAC’s approach will be as flexible as possible, given that the processes are laid down in legislation and are quite formal in nature. The CAC will try to take a problem-solving approach and to help the parties, reach voluntary agreements outside the statutory process. Both parties are free to contact the case manager at any time to discuss the application. The CAC will make decisions based on the submissions and evidence put before it by the parties. It will be for the parties to take the initiative in developing their submissions and marshalling their evidence in preparation for each decision point. The onus is on a party that wishes to have an issue considered to raise it formally with the CAC.
3.6 Since the CAC has a duty to help the parties to resolve underlying problems and reach agreement, some contacts between the CAC and the parties will be of an informal nature. However, the CAC also has to take formal decisions based on evidence available to both parties, so there is a mix of informal and formal processes. Where necessary, the case manager and panel members will make it clear to the parties when they are discussing matters informally and when the discussion is part of a formal process.
Application form
3.7 The application form is available from the CAC, together with notes on the information required from employers or unions making applications. Applicants should complete the form ensuring all questions are answered, but in the knowledge that the application form and any supporting documentation sent with it must be copied to the other party. It would therefore not normally contain names or addresses of individuals. It is however essential that the description of the bargaining unit in the application is sufficiently clear for the CAC, and the other party, to be able to identify the bargaining unit and the bargaining arrangements that are subject to the application.
3.8 After an application has been checked to ensure all the relevant information has been provided, the Secretariat will send notification of receipt to both the union and the employer. The other party will be asked to complete a form for the CAC with questions that are designed to elicit information and evidence relevant to the admissibility criteria of Schedule A1. This form allied to the Union’s application form and supporting documents will inform the Panel of any issues that are disputed and enable it to make focused further enquiries before deciding whether to accept the application.
Confidentiality
3.9 Under paragraph 92 of the Schedule an application to the CAC is not valid unless the party making the application gives to the other party “a copy of the application and any documents supporting it.” This means that the application and any documents submitted at the same time as the application documentation must be copied to the other party. Names and addresses of individuals, if supplied as part of the application documentation (ie at the same time as the application) must be supplied to the other party. If it is desired that names and addresses should not be disclosed, they should not be included as part of the application paperwork. If the CAC conducts a check of membership during the course of an application the information obtained for the purpose of the check will be treated as confidential whether it be the union’s list of members or the employer’s list of the workers in the bargaining unit. The CAC has the power to require certain information to be supplied to the case manager by the parties and to draw an adverse inference if such information is not supplied or order its production, depending on the particular circumstances. Please note: In any processing or disclosure of names or other personal information to the CAC in connection with applications for statutory recognition, unions and employers should note the power under paragraph 170A of Schedule A1 and the requirements of UK Data Protection legislation. For further information on the UK Data Protection legislation, they should consult the Information Commissioner’s Office (tel 0303 123 1113 or at Information Commission’s Office).
3.10 There may be informal communications and discussions in pursuit of the CAC’s duty to help the parties reach a voluntary agreement, and both parties can give the CAC case manager or the CAC panel information on a confidential basis during that period but must make it plain that such information is confidential and/or speculative. Where appropriate, CAC panels or the case manager will explain to the parties in advance the consequences of discussing matters with the CAC. However, this confidentiality is qualified: if the confidential information disclosed to the CAC panel concerns key facts that are relevant to the panel’s decision, in the interests of fairness, the CAC panel will, if the matter continues to a contested decision, later be obliged to make that information available to both parties so as to enable it to be checked and/or challenged at a hearing. The panel will always warn the parties concerned in advance that this may occur and inform the party concerned before disclosing any information previously given in confidence.
3.11 If either party wishes to discuss any information informally with confidentiality guaranteed, they can contact Acas about this, whether or not Acas are already involved. Anything said to Acas in confidence would not be passed to the CAC and therefore would not be taken into account in any decision.
Hearings
3.12 Hearings are not always necessary with most decisions being made by the Panel on the papers after giving each party the opportunity to make submissions or if it appears to the Panel that there is no material dispute. If it appears that a hearing will be necessary, the panel chair may hold a preliminary meeting in order to set out procedures and identify the issues disputed. The parties will be asked to submit and exchange evidence in the form of written submissions prior to the hearing. New evidence will only be admitted at hearings for good reasons and at the discretion of the panel and, where it is admitted, parties can request that the panel allows some additional time, such as a short adjournment, to consider the new evidence. The parties will be asked to inform the CAC panel in advance of the names and job titles of those attending the hearing. Speakers should be persons who are capable of representing the positions of the parties and who can contribute appropriately to the evidence required to assist the panel’s considerations at the particular stage in the statutory procedure. The parties may appoint representatives but there is no requirement to use lawyers. Hearings will generally be held in public, although it is open to the CAC to hold a hearing (or part of a hearing) in private, for example if the panel considers there are areas of particular confidentiality or that it is necessary in order to reach a satisfactory settlement. The CAC intends to hold hearings in as informal a way as is consistent with clarity and fairness. Each party will be asked to comment on and amplify its written statement and to comment on the other’s evidence and to answer questions put by the CAC panel. Speakers and any witnesses may be cross-questioned where factual issues are in dispute, at the discretion of the panel chair.
3.13 In certain circumstances the CAC Panel may determine that stricter standards of evidence are required, or that more formality in proceedings is appropriate. Parties will be advised if this is the case in good time prior to the hearing.
3.14 The CAC is required to meet relatively short deadlines set by statute, and hearings, if they are necessary, will normally be arranged as quickly as possible in order to meet these deadlines. Wherever possible hearing dates will be arranged taking account of the convenience of the parties but there are occasions where it is necessary for the CAC to impose a hearing date in order to comply with its statutory obligations. Where a hearing date is imposed the CAC will give as much notice to the parties as is possible in the light of the statutory requirements. The CAC expects that hearings will normally be completed in a day, and the procedures adopted at the hearings will be based on that expectation.
Format of the hearing
3.15 It will be for the Panel chair to decide whether a hearing is held by virtual means or in person. If the hearing is to be a virtual hearing the parties will also be asked to provide the email addresses of attendees so that invites can be sent at the appropriate time by email. If the hearing is to take place in person, it may be held at locations other than London where this is believed helpful and/or more convenient to the parties. The decision on the hearing format, as well as location, will rest with the CAC. Forthcoming hearings whether virtual or in person are listed on the CAC’s website. If a member of the public wishes to attend a virtual hearing, they should contact the CAC on enquiries@cac.gov.uk so arrangements can be made for the necessary invite.
CAC Decisions
3.16 After the parties have been sent a decision by email it will be posted on the CAC website. The Panel’s decisions concerning the processing of an application (eg to hold a hearing or to grant an extension) will be communicated to the parties in a letter from the case manager. However, the decision itself will always have been made by the panel. Extensions are covered in more detail below.
Extensions
3.17 At most stages of the statutory process, the time limits may be extended by the CAC panel as long as it gives the parties notice of the extension and states the reasons for the extension. Where one of the parties requests an extension to a statutory time limit, the panel, in deciding whether to grant the extension, will follow these principles:
a) the panel will take into account the views of the party making the request, the reasons for the request and any relevant circumstances in which the request is made,
b) the panel will seek to avoid giving an unfair advantage to either party,
c) the panel will aim to keep such extensions to a minimum,
d) the panel will take all reasonable steps to consult the other party and seek their views prior to reaching a decision,
e) the case manager will inform the parties in writing of the panel’s decision with regard to the extension, together with the reason for the extension (if any) and its duration.
3.18 Extensions may also be granted by the panel at the joint request of both parties. In addition, the panel may grant an extension at its own instigation where, for example, it needs more information or to conduct a membership check or hearing. In such cases, the parties will be informed of the reason for the extension and its duration.
3.19 The CAC does not charge for carrying out its statutory functions (and there is no scope for the CAC to pay the expenses of either party). However, where a ballot is held (see 4.10 below), the costs are divided between the parties on a 50/50 basis.
Time
3.20 Time periods in the Schedule are measured in ‘working days’. The Schedule defines a working day as a day other than a Saturday or a Sunday, Christmas day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the relevant part of Great Britain.
Contact details for CAC:
Address:
Central Arbitration Committee
PO Box 80600
London
E15 9JX
Tel: 0330 109 3610
Email: enquiries@cac.gov.uk
Website: CAC Website
Contact names:
Chief Executive - Maverlie Tavares
Operations Manager - Bola Olayinka
User Satisfaction
If you are asked for your views on any aspect of our service, we would appreciate your cooperation. But if you have comments, whether of satisfaction, complaint or suggestion, please do not wait to be asked. If you are dissatisfied with any aspect of our service, please let us know so that we can put things right. If you cannot resolve the problem with the person who dealt with you originally, please ask to speak to the Operations Manager or the Head of Administration or, if necessary, the Chief Executive who will investigate your complaint. If you wish to complain in writing please send an email to enquiries@cac.gov.uk for the attention of Maverlie Tavares, Chief Executive or post it to the above address.
| In the event of any complaint, we hope that you will let us try to put things right. But if necessary, you can write to your MP who can tell you how to have your complaint referred to the Parliamentary Commissioner for Administration (the Ombudsman). |
PART III LEGISLATION
There are two channels in which applications can be made to the CAC under Part III.
The first of these is under paragraph 66 where an employer or union believes that the original bargaining unit is no longer appropriate. This is referred to as Scenario 1 in the following pages of this Guide.
The second is under paragraph 74 where an employer gives notice to a union that it believes the bargaining unit has ceased to exist. This is referred to as Scenario 2.
These two channels are described in Section 1 of this Guide
Under both Scenarios, a new bargaining unit may need to be agreed or determined at some future point. The statutory process is the same for both Scenarios from that point onwards and the relevant provisions are summarised in Sections 2 to 5.
SECTION 1
Scenario 1 - When the employer or union believes that the original bargaining unit is no longer appropriate
Application to the CAC (Paragraph 66)
1.1 If the employer or the union believes that the bargaining unit is no longer appropriate, either can apply to the CAC for a decision on what is an appropriate bargaining unit. The reason why the bargaining unit is no longer appropriate must be due to one or more of the following criteria (paragraph 67(2)):-
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a change in the organisation or structure of the business,
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a change in the business activities, or
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a substantial change in the number of workers in the bargaining unit.
An application form is available from the CAC.
On receiving an application, the CAC will appoint a panel and notify both the employer and the union that an application has been received. The CAC will then decide if the application is admissible.
Whilst an application can be brought under i) and ii) at any time after a declaration of recognition, an application in respect of a substantial change in the number of workers employed in the original unit cannot be made within three years of the Union being declared recognised.
Admissibility (Paragraphs 67 and 92)
1.2 To be admissible the application must pass the following tests:
a) Is the application in proper form? (ie as required in the CAC application form)
b) Has the application been copied to the other party? (If the application was made by the employer, then the employer must copy it to the union, and vice versa)
c) Is it likely that the original bargaining unit is no longer appropriate? The reason why the unit is inappropriate must be due to one or more of the reasons listed in paragraph 1.1 above. Please note: an application in respect of a substantial change in the number of workers employed in the original unit cannot be made within three years of the Union being declared recognised.
The CAC has 10 working days to decide if it can accept the application, but this period can be extended if the CAC informs the parties and give reasons. The parties will be informed whether or not the application is accepted.
If the application is not accepted, then bargaining arrangements will continue as if the application had not been made.
If the application is accepted then a new bargaining unit may be required - see Section 2 of this Guide.
Scenario 2 - When the employer believes that the bargaining unit has ceased to exist
Employer gives notice to union (Paragraph 74)
1.3 If the employer believes that the bargaining unit has ceased to exist, and wishes collective bargaining to end, it must send the union (or each union) a notice and copy it to the CAC.
The notice must:
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identify the bargaining unit and the bargaining arrangements,
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state the date on which the notice is given,
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state that the unit has ceased to exist,
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state that bargaining arrangements are to cease and set a date for when the arrangements will end. The date must be at least 35 working days from the day after the day the notice is given.
A proforma notice for this purpose is available from the CAC.
On receiving a copy of the notice the CAC will appoint a panel and notify both the employer and the union that an application has been received. The CAC will then decide if the notice is valid.
The CAC advises employers to send the notice to a full time officer of the trade union. When the CAC receives a copy of the notice, it will copy it to the General Secretary of the union or unions concerned.
To be valid the notice must pass the following tests:
a) Has the notice been given to the union?
b) Does the notice include all the criteria listed above?
The CAC has 10 working days to decide if the employer’s notice is valid, but this period can be extended if the CAC informs the parties and give reasons.
If the notice fails any of the above tests then it is invalid. The CAC will inform the parties of this, and bargaining arrangements continue as before.
Please note: an application in respect of a substantial change in the number of workers employed in the original unit cannot be made within three years of the declaration of recognition. Also, if the copy of the notice given to the CAC by the employer under paragraph 74 was received by the CAC within three years of the original declaration, in deciding whether the original unit is no longer appropriate the CAC cannot take into account a substantial change in the number of workers employed in the original unit.
If the CAC panel decides that the notice is valid it will inform both parties. The union then has an opportunity to respond to the employer’s notice.
The union responds to the employer’s notice (Paragraph 75)
1.4 The union then has 10 working days in which to make an application to the CAC in response to the employer’s notice. There is no provision in the legislation for the 10 day period to be extended.
The union can apply for a decision on whether or not the original unit has ceased to exist or whether it is no longer appropriate. The reason why the unit is no longer appropriate must be due to one or more of the following reasons:
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a change in organisation or structure of the business
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a change in activities of the business
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a substantial change in number of workers employed in original bargaining unit. (see para 1.3 above)
An application form is available from the CAC. If the union does not make an application, then the employer can end the bargaining arrangements on the date specified in the employer’s notice.
The CAC will give the parties notice of receipt of an application from the union and then decide if the application is admissible. To be admissible by the CAC the application must be:
a) in the form specified (ie as required in the application form),
b) copied by the union to the employer together with any supporting documentation.
The CAC has 10 working days to make its decision, but this can be extended if the CAC informs the parties and gives its reasons. The parties will both be informed if the application is accepted as admissible.
If the CAC decides that the union’s application is not admissible, it will take no further action and the employer’s notice stands.
If the CAC decides the union’s application is admissible, then both parties are given the opportunity to present their views on the issues raised in the union’s application.
CAC decides if the bargaining unit has ceased to exist, or is no longer appropriate (paragraph 77)
1.5 The CAC can decide that:
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the bargaining unit no longer exists,
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the bargaining unit still exists, and is still appropriate,
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the bargaining unit still exists, but is no longer appropriate.
The CAC has 10 days for this although this can be extended if the parties are informed and the CAC gives its reasons. This is the decision period.
If the CAC decides that the unit no longer exists, it will notify the parties and bargaining arrangements will cease. Bargaining arrangements will finish on the day stated in the employer’s notice or, if it is later, the day after the last day of the decision period.
If the CAC decides that the bargaining unit has not ceased to exist and is still appropriate, it will inform the parties. The employer’s notice is then treated as if it had not been given.
If the CAC decides that the bargaining unit has not ceased to exist but is no longer appropriate, then a new bargaining unit (or units) is required. The next stage is described in Section 2 of this Guide.
Section 2 - For both Scenarios 1 and 2
Consequences of CAC accepting an application under paragraph 66 or 75
2.1 This section applies if the CAC either:
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accepts an application under paragraph 66 that the bargaining unit is no longer appropriate, or
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has received a notice under paragraph 74 requesting an end of bargaining arrangements, together with a union response under paragraph 75, and has decided that the bargaining unit does still exist but is no longer appropriate.
The parties are now invited to try and agree a new bargaining unit or units that is or are appropriate. The Employment Relations Act 2025 also introduced a number of changes that apply once an application has been accepted. These changes, which are described below, are the terms on which the union is to have access, if any, to the relevant workers in the new unit or units as well as unfair practice provisions applying once an application has been accepted rather than when a case is in ballot.
Union access to workers after acceptance of application
2.2 The union may, by giving notice to the CAC and the employer, request access to the relevant workers in connection with the application to allow the union to inform the workers of the object of the application or any ballot arising from it and seek their support and their opinions on the issues involved. The relevant workers are the workers in the original bargaining unit if the CAC has yet to decide that a bargaining unit other than the original unit is an appropriate bargaining unit or the workers in the new unit or units if the CAC decides that a different bargaining unit or units are appropriate.
2.3 Any request for access is valid only if it is made before the end of the period of 5 working days starting with the day after the day on which the CAC gives notice that the application under paragraph 68(5) or 76(5) is accepted. There is no provision that allows the CAC to extend this period nor are there any further opportunities for a union to request physical access later in the process for example, at the time the CAC orders that a ballot be held although a union may still communicate with workers in the bargaining unit during the balloting period via the QIP– see paragraph 4.14 below.
2.4 If the union requests access within the 5 working day period the CAC must try to help the parties to reach agreement as to terms on which the union is to have access to the relevant workers within 20 working days starting with the day after the day on which the CAC gave notice under paragraph 68(5) or 76(5) that the application is accepted. If no agreement can be reached by the end of that period, the CAC will decide the terms of access (see paragraph 2.24 below). However, if during the 20 working day period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is to have access to the relevant workers, the CAC may give notice to the parties that the negotiation period ends with the date of the notice. The CAC must provide reasons for reaching this conclusion. The parties may also apply to the CAC for a declaration that the negotiation period is to end earlier or later than it would otherwise and the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date by the parties. If the parties reach agreement as to access without CAC intervention a copy of the agreement should be sent to the CAC case manager. If no agreement is reached in the appropriate period, then the CAC must determine the access arrangements, if any. The CAC has 10 working days in which to do so, although this can be extended as long as the CAC gives notice to this effect with reasons (see paragraph 2.24 below). There is more information about this stage of the procedure in the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process.
2.5 The parties must comply with the access arrangements whether they are agreed or determined by the CAC. The employer must also refrain from making any offer to any or all of the relevant workers which has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union and the relevant workers and is not reasonable in the circumstances.
2.6 The employer must also refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker attended or took part in any relevant meeting between the union and the relevant workers or indicated an intention to attend or take part in such a meeting. Paragraph 2.27- 2.29 sets out the penalties for a failure to comply with an access arrangement as well as an employer’s failure to comply with its duties in this paragraph and 2.5 above).
Duty on the parties to refrain from using an unfair practice
2.7 Once the CAC has given notice under paragraph 66 or 75 that the application has been accepted, both the union and the employer must refrain from using any ‘unfair practice’ in relation to the application. The Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process provides guidance on the unfair practices.
2.8 Either of the union and employer can complain to the CAC if they believe the other has used an unfair practice and the CAC must decide whether the complaint is ‘well-founded’. A complaint will be well-founded if the CAC finds that a party used an unfair practice. The CAC no longer has to be satisfied that the unfair practice changed or was likely to change a relevant worker’s intention to vote or abstain from voting, intention to vote a particular way or how they actually did vote.
2.9 The DBT Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process recommends steps that can assist good practice for both employers and unions and gives guidance on what activities should be avoided to minimise disruption to the statutory process that can be caused by complaints to the CAC.
2.10 The Schedule lists unfair practices. The following acts by the employer and the union are unfair practices if they are used with a view to influencing the outcome of the application:
- dismisses, or threatens to dismiss, a worker;
- takes, or threatens to take, disciplinary action against a worker;
- subjects, or threatens to subject, a worker to any other detriment;
- offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot:
- makes an outcome-specific offer to a relevant worker;
- coerces, or attempts to coerce, a relevant worker to disclose—
(i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or
(ii) how the worker intends to vote, or has voted, in any relevant ballot;
- uses, or attempts to use, undue influence on a relevant worker.
2.11 An unfair practice complaint must be made on or before the fifth working day after the date of the ballot or, if votes can be cast on more than one day such as in a postal ballot, the last of those days. Where a complaint is made after this period there is no provision in the Schedule for the CAC to consider whether one of the parties has used an unfair practice.
2.12 If an unfair practice complaint is made within the specified time, the CAC has 10 working days in which to decide whether the complaint is well-founded, starting with the day following receipt of the complaint. The CAC can extend this period and if it does so it must give reasons to the parties. If at the beginning of this decision period the ballot has not begun, the CAC can postpone it by giving a notice to the parties and the QIP; the notice will say when the ballot will begin and the new date must be after the end of the decision period.
2.13 If the CAC decides that the complaint is well-founded it will declare this finding and may then do one or both of the following:-
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Issue a remedial order telling the party concerned to take any action specified in the order within such period as may be so specified; or
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If the CAC has decided which bargaining unit or units are appropriate and has already given notice under paragraph 25(9) of a ballot in relation to the application, the CAC may give notice to the parties that a secret ballot will be held – in effect ordering a new ballot.
2.14 The CAC may make a remedial order and/or issue a ballot notice either at the same time as it declares the unfair practice has occurred or at any other time before it informs the parties of the ballot result and issues a declaration of recognition or non-recognition. The Schedule makes clear that the CAC can give more than one order under these provisions.
Parties agree a new bargaining unit (Paragraphs 69 and 78)
2.15 Once the application has been accepted the parties have 10 working days to try to agree a new bargaining unit or units, although they can agree to extend this period. If the agreed new unit overlaps with any outside bargaining units (ie has any workers in common with a unit where a different union is recognised for collective bargaining) then the CAC will take no further action.
2.16 If the new unit does not overlap with any outside bargaining units, then the CAC must issue a declaration that the union is recognised for the new unit. The method of bargaining that applied to the old unit now applies to the new unit, subject to any modifications the CAC considers necessary.
2.17 If the new unit excludes any workers who were included in the original unit, then the CAC must also make a declaration that bargaining arrangements have ceased for those workers.
Parties do not agree a new bargaining unit (Paragraphs 70 and 79)
2.18 If the parties do not agree a new unit, the CAC has to decide whether the old unit is no longer appropriate (in the case of an employer’s notice under Scenario 2 of this Guide this issue has already been decided). If the unit is not appropriate, the CAC must decide what the new unit should be. In deciding whether or not the original unit is still appropriate, the CAC can only take account of:
i. any organisational or structural changes in the employer’s business;
ii. any changes in business activities;
iii. any substantial changes in the numbers of workers.
2.19 However, if an application was received by the CAC within three years of the original declaration of recognition, the CAC may not take into account the third matter listed above i.e. that there has been a substantial change in the number of workers employed in the original unit.
2.20 If the CAC decides that the bargaining unit is still appropriate, it will take no further action and the bargaining arrangements will continue.
2.21 If the CAC has decided the old unit is no longer appropriate, it must designate one or more new bargaining units. In doing so, it has to take into account the following factors:
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the need for the unit, or each of the units, to be compatible with effective management,
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views of employer and union
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existing national and local bargaining arrangements
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desirability of avoiding small, fragmented bargaining units
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characteristics of workers in the proposed bargaining unit and any other employees the CAC considers being relevant
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location of workers.
Of these factors, the first takes priority as the other factors cannot be considered where they conflict with the need for the unit(s) to be compatible with effective management.
2.22 Where the CAC decides that two or more new bargaining units are appropriate, it must ensure that no worker falls into both of them.
2.23 The CAC has 10 working days to make the decision, but this may be extended if the CAC informs the parties and give reasons.
Deciding Access arrangements
2.24 If a union requested that an access arrangement be put in place (see paragraph 2.2 above) the CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is to have access to the relevant workers. In trying to help the parties, the CAC may suggest the parties seek help from Acas, the CAC may itself mediate between them or, if the parties prefer, they may conduct these negotiations directly. The CAC has 20 working days in which to try to help the parties reach an agreement; the Schedule refers to this as the negotiation period and it starts with the day following the CAC giving notice under paragraph 68(5) or 76(5) that the application is accepted.
2.25 If no agreement is reached by the end of the negotiation period the Panel will determine what, if any, access is appropriate. The CAC has 10 working days to make the decision, but this may be extended if the CAC informs the parties giving reasons. If the question as to what other bargaining unit is or units are appropriate is also unresolved the Panel will, wherever possible, determine both the appropriate bargaining unit or units and access arrangements at the same hearing. Parties should therefore prepare separate submissions and bundles on the question of the appropriate bargaining unit or units and access for lodging at the CAC. The parties should make clear which submissions and bundles relate to which matter to be determined by using appropriate filenames, for example ‘union BU submissions’ or ‘employer access bundle’. If only the bargaining unit or units or if only access has to be determined, then submissions need only address that particular matter.
2.26 In the case where both the appropriate bargaining unit or units and access arrangements are to be determined, the Panel will hear submissions on the appropriate bargaining unit or units before moving on to access. The parties will not be informed of the Panel’s decision on the appropriate bargaining unit or units at the time the access part of the hearing commences. Any bundle of documents for the access hearing should only include those documents that are necessary, and which will be referring to during the hearing. Written submissions must include details of the access requested by the union and any response to the request on the part of the employer. Parties should also make clear those areas of agreement and those areas that remain to be determined by the Panel. In preparing submissions on access the parties should take into account the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process.
Parties’ failure to comply with an access arrangement or employer’s failure to comply with its duties.
2.27 Once an access arrangement is in place, whether agreed by the parties or determined by the CAC, the parties must comply with the access agreement and the employer must comply with the duties referred to in paragraphs 2.5 and 2.6 above.
2.28 If the CAC is satisfied that a party has failed to fulfil any of these duties and the application is in progress then the CAC may issue an order requiring the party to take such steps to remedy the failure as the CAC considers reasonable and to do so within such period as the CAC specifies in the order.
Penalties for non-compliance with a CAC remedial order
2.29 If an unfair practice complaint is well-founded and the question of the appropriate bargaining unit has been resolved but no declaration of recognition has been made, then if the CAC finds that the unfair practice used consisted of or included the use of violence, or the dismissal of a union official or if the CAC has made an remedial order and finds that the party subject to the order has failed to comply with it, or if the CAC upholds a further complaint against the same party then:
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if the party that has failed to comply is the employer, the CAC may issue a declaration that the union is recognised as entitled to conduct collective bargaining on behalf of the new unit or units, or
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if the party that has failed to comply is a union, the CAC may issue a declaration that the union is not entitled to be so recognised.
If a complaint in respect of a failure to comply with any of the duties regarding access as set out in paragraph 2.5 and 2.6 above is upheld and the question of the appropriate bargaining unit has been resolved but no declaration of recognition has been made, then if the CAC has made an remedial order and finds that the party subject to the order has failed to comply with it, the CAC may issue similar declarations as set out above.
Section 3 - For both Scenarios 1 and 2
Consequences of CAC determining a new bargaining unit(s) (Paragraphs 82-84)
3.1 For the purposes of the procedures described in Sections 3 and 4, if the CAC has decided there are two or more appropriate bargaining units, then each one must be considered separately.
When the new bargaining unit overlaps with an existing statutory outside bargaining unit (Paragraph 83)
3.2 If the new bargaining unit overlaps with an existing statutory outside bargaining unit (ie one for which statutory recognition was declared by the CAC, under Schedule A1, to a different union), then bargaining arrangements have to cease for all workers within:
a) the original unit,
b) the new unit,
c) any part of the existing statutory outside unit which overlaps with the new unit.
Bargaining arrangements will stop 65 working days from the day after the day of the CAC declaration, or if the CAC so decide, the next day after the day of the declaration
(NB for c) above, the CAC will issue a declaration ending bargaining arrangements for the whole of the outside unit (the ‘parent’ unit) and then will consider each parent unit in turn to identify the part of the unit which does not overlap (the ‘residual’ unit). For each residual unit the CAC will then issue a declaration that the outside union is recognised for collective bargaining. The bargaining arrangements for the residual unit will be the same as were used for the parent unit, but with any modifications as the CAC sees fit. The CAC will not issue a declaration if an application under Part III has also been received regarding the statutory outside unit.)
When the new bargaining unit overlaps with an existing voluntary outside bargaining unit (Paragraph 84)
3.3 If the new bargaining unit overlaps with an existing outside bargaining unit that was agreed on a voluntary basis, the bargaining arrangements cease for the new bargaining unit. But the voluntary arrangements continue unaffected. This means that those workers who are in both the outside unit and the new unit continue to be covered by the voluntary arrangement only. Bargaining arrangements for the original unit will stop 65 working days from the day after the day of the CAC declaration, or if the CAC so decide, the next day after the day of the declaration.
If the new unit excludes any workers who were included in the original unit, then the CAC must also make a declaration that bargaining arrangements have ceased for these workers.
The CAC will inform the parties if any of these situations occur.
Section 4 - For both Scenarios 1 and 2
Deciding whether support for the new bargaining unit needs to be assessed (Paragraphs 85-86)
4.1 If there are no overlaps, the CAC has to decide whether the differences between the original unit and the new unit are such that support for the union for the new unit needs to be assessed. If the CAC decides that support does not need to be assessed, it will issue a declaration that the union is recognised in respect of the new bargaining unit. This declaration takes the place of any earlier declaration of recognition for workers in the original unit. The method of collective bargaining for the original unit shall continue unless the CAC decides to modify it to take account of the changes in the bargaining unit.
4.2 If the CAC decides that the differences between the original unit and the new unit are such that the level of support needs to be reassessed, they will consider the following test. This is:
- Do members of the union constitute at least the required percentage (currently 10%) of the workers in the bargaining unit? If support of the union within the new unit needs to be assessed, the Panel will instruct the case manager to conduct an independent check of the level of union membership in the bargaining unit. The check will take the form of a direct comparison of lists provided by the parties. The CAC case manager will produce a numerical report of the results of the comparison for the Panel and the parties will be asked to comment on the report and the admissibility test. Please note: names of members or workers are not included in the case manager’s report. (see below)
The CAC’s consideration of the tests under paragraph 86 will be based on the best evidence available. The CAC will require the production of information to enable the check to be undertaken. The union will be required to provide the names and dates of birth of its members and the employer a list of the names, dates of birth and job categories of the workers in the new bargaining unit.
Once the required information has been received the CAC case manager will compile a report which will be given to the Panel and to the employer and to the union. If either of the employer or the union fails to supply the information required by the CAC then the report must mention that failure and the CAC can draw an inference against the party who has so failed.
4.3 If the CAC panel decides that this test is not met, the CAC must declare that the union is not recognised and inform the parties.
4.4 If the CAC is satisfied that the test is met, it must decide whether a ballot is required.
Whether to call a Ballot (Paragraphs 87-89(3))
4.5 Unless the CAC panel is satisfied that the majority of the workers in the new bargaining unit belong to the union, it has to call a ballot. The check of union membership referred to above will assist the panel’s consideration of this question. However, if the majority of the workers in the bargaining unit are members of the union, the CAC must declare the union recognised without a ballot, but see below.
4.6 However the CAC has to call a ballot if any of the following conditions apply:
a) If the CAC is satisfied that a ballot should be held in the interests of good industrial relations,
b) the CAC has evidence, which it considers to be credible, from a significant number of union members within the new bargaining unit that they do not want the union to conduct collective bargaining on their behalf,
c) Membership evidence regarding the circumstances in which workers joined the union or length of membership leads to doubts whether a significant number of union members in the bargaining unit want the union to conduct collective bargaining on their behalf.
4.7 While the CAC panel must consider any evidence that the parties bring to bear on these conditions, there is no obligation on the panel to seek such evidence. The CAC panel may call a hearing to determine whether any of these factors apply. This could be combined with the hearing on the level of union membership.
Holding the Ballot (Paragraphs 88-89)
4.8 If the CAC decides a ballot is required, it will notify the parties in writing that it intends to arrange for a secret ballot in which the workers in the bargaining unit will be asked whether they want the union to be recognised for the purposes of collective bargaining on their behalf. There is then a period of 10 working days during which the union may notify the CAC that it does not want the ballot to go ahead and that it wishes to withdraw. If the union withdraws, the CAC will issue a declaration that bargaining arrangements are to cease for the new bargaining unit.
4.9 If the union does not notify the CAC that it wishes to withdraw, then the CAC will arrange for a secret ballot to be held.
4.10 Assuming no notice to withdraw from the ballot is received from the union, the CAC panel appoints a qualified independent person (QIP) to conduct the ballot. The panel selects the QIP from those bodies specified in the Recognition and Derecognition Ballots (Qualified Persons) Order 2000 and (Amendment) Order 2002. While the QIP conducts the ballot, the CAC panel has to decide whether the ballot should be a workplace ballot or a postal ballot (or, if special factors apply, a combination of the two). The CAC panel will decide on the form of the ballot depending on the circumstances of the case. It is required to take into account the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace, together with costs and practicality. It may also take into account any other matters it considers appropriate. These are likely to include the preferences of the parties.
4.11 Special factors that would justify a combination of a workplace and postal ballot are those arising from the location of workers and the nature of the work, or other factors put to the panel by either party. Where a workplace ballot has been ordered and there will be workers who, for reasons relating to them as individuals (such as known sick absence, the taking of annual leave, maternity or paternity leave etc), will not be at work on the day of the ballot, the ballot arrangements may, at the CAC’s discretion, include provision for those workers to vote by post where a request for such is made far enough in advance of the ballot for this to be practicable.
4.12 The ballot must be held within 20 working days of the appointment of the QIP. Again, the CAC panel can extend this period.
4.13 Once the CAC has selected the QIP, the case manager will inform the parties of the QIPs name and contact details and the date of the QIPs appointment. The CAC letter will confirm that the ballot must now take place, will give details of the ballot timetable and will draw attention to the opportunity for the union to use the services of the QIP to circulate material to the workers in the bargaining unit (see below). A copy of the QIP’s estimate of costs will also be sent to both parties. Once the employer has been informed of these details by the CAC letter, the employer must comply with the following duties:
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to co-operate generally, in connection with the ballot, with the union and the QIP; and no other duty of the employer under this Part of this Schedule is to prejudice the generality of this;
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give to the CAC, within the period of 10 working days the names and home addresses of the workers in the bargaining unit;
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inform the CAC, as soon as is reasonably practicable, of any worker who joins the bargaining unit or ceases to be within the unit.
The CAC case manager will then pass the names and addresses of the workers in the bargaining unit to the QIP.
4.14 The union can use the QIP to distribute information from the union to the workers in the bargaining unit at their home addresses (providing the union bears the cost of sending the information), but neither the CAC nor the QIP can give the information on names and home addresses to the union. Equally neither the CAC nor the QIP can pass names of union members to the employer. If the union wishes the QIP to distribute information to the workers, it must ask the QIP directly. The CAC has no role in vetting or approving the content of any communication and cannot adjudicate on such a complaint unless it falls within the ambit of an unfair practice (paragraphs 2.7-2.14). The Panel may suggest to the employer (through the case manager) that it would be helpful to display a notice at the workplace about the ballot so that the workers in the bargaining unit are made aware of the arrangements.
4.15 Any complaint that the employer has not complied with any of its duties must be made known to the CAC before the ballot has been held. Complaints regarding the employer’s compliance with the duties, or any complaints by the employer about lack of co-operation by the union, should be sent to the CAC case manager. As long as the ballot has not already been held the CAC panel will investigate the complaint, seeking advice from the QIP as appropriate. A hearing or, in some circumstances, a site visit may be needed. The CAC panel can extend the timetable for the ballot in these circumstances.
4.16 If the CAC panel decides that the employer has failed to perform any of the duties above, it can order the employer to remedy the failure within a set timescale. If the employer fails to remedy the failure the CAC can issue a declaration of recognition. Given the seriousness of this penalty, the panel will spell out the consequences of not complying with an order from the CAC when the order is made. The CAC panel can take into account all relevant circumstances including the behaviour of the union.
Circumstances in which the CAC can abandon a ballot and issue a declaration
4.17 In some circumstances where there have been serious failures by either the employer or the union, the CAC has the power to cancel a ballot and make a declaration that the union is, or is not, recognised. The CAC can consider taking this step in the following circumstances:
a) where the CAC has issued a remedial order having been satisfied that a party failed to comply with the access agreement or where the employer failed in its duty to refrain from making any offer likely to have the effect of inducing workers not to attend a meeting between the union and the relevant workers and the party to whom the order is issued fails to comply with it; or
b) where the CAC declares that an unfair practice complaint is well founded (see paragraph 2.13 above) and that the unfair practice consisted of, or included, the use of violence, or the dismissal of a union official; or
c) where the CAC has issued an unfair practices remedial order and the party to whom it is issued fails to comply with it; or
d) where the CAC, having issued an unfair practice remedial order to a party, then makes a further declaration (see 2.29 above) that a complaint that the same party used an unfair practice is well founded.
In these cases of serious and/or repeated failures by the parties, if the failing party is the employer then the union can be declared recognised and if the failing party is the union then the CAC may declare the union is not recognised.
4.18 The power to cancel the ballot and make these declarations is in addition to the power to issue remedial orders and/or order a new ballot; there is no presumption that the power will therefore need to be used in every instance of repeated failures, this will be a question for the Panel to determine in the circumstances of the individual case.
4.19 Where the CAC declares that an unfair practices complaint is well founded and orders a fresh ballot - or where the CAC declares that the union is recognised or not recognised in the circumstances described in 4.17 above - the CAC will take steps to cancel the ‘original’ ballot. If that ballot is nonetheless held it will have no effect and any result that is reported by the QIP will not be acted on by the CAC or passed on to the parties.
4.20 If the CAC orders a fresh ballot in the circumstances described at 2.13 above then the following changes to usual ballot procedure will take effect:-
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the notice period (for a union request to cease the ballot arrangements) is reduced to 5 days.
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the Employer only needs to update the information on workers’ names and addresses rather than provide them afresh
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any remedial order given as a result of a failure to fulfil one of the employer’s duties or because of non-compliance by one of the parties with a unfair practice is carried over and must be acted on by the party concerned to the extent that the CAC will specify in a notice to the parties – it does not wither away just because the tainted ballot has been abandoned.
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the cost of the fresh ballot will be borne by whoever the CAC decides, or in whatever proportions the CAC decides, it should be.
4.21 Unless the circumstances in 4.20 d) apply the costs of the ballot are shared between the employer and the union on a 50/50 basis. The case manager will send both parties a copy of the estimate of costs that was received from the QIP and will ask that the QIP notify the CAC and each of the parties of any likely changes to that estimate, and the reasons for the changes, as soon as reasonably practicable. In general terms, workplace or combination ballots tend to be more expensive than postal ballots.
4.22 Following the ballot the QIP will send the employer and the union, subject to any CAC decision to the contrary (see 4.20 d) above), a demand for its costs. The demand will show the gross costs of the ballot and the share of the cost to be paid by the employer and the union. The employer and the union are then required to pay the QIP within 15 working days (starting with the day after the demand is received). If the employer or the union disputes the demand then it can appeal to an Employment Tribunal within 4 weeks, starting with the day after receipt of the demand. The Employment Tribunal will dismiss an appeal unless it is shown either that the gross costs of the ballot are too great or the share of the cost to be met by the appellant is too great. If the Tribunal allows an appeal then it will also rectify the demand for costs accordingly. While there is an outstanding appeal against the costs, the demand from the QIP is not enforceable.
Result of ballot
4.23 Once the QIP has submitted a written report of the ballot result to the CAC it must be considered by the Panel. The CAC Case Manager will only be permitted to inform the parties of the ballot result once authorised to do so by the Panel. In normal circumstances this will be once the period for an unfair practice complaint has expired i.e. the period of 5 working days starting with the day after the day of the ballot, or if votes may be cast in the ballot on more than one day, the last of those days (see paragraph 4.35).
4.24 In order for a trade union to be recognised for collective bargaining purposes following a ballot, a majority of those voting must vote in favour of recognition. After the ballot the CAC will either declare the union recognised or issue a declaration that the union is not recognised. If the CAC issues a declaration that the union is recognised as entitled to conduct collective bargaining on behalf of the bargaining unit, the method of collective bargaining will be the same as for the original unit, with any modifications as the CAC decides. If the support is insufficient the CAC must issue a declaration that the union is not recognised, and that bargaining arrangements in the new unit will cease to have effect. Following a declaration of non-recognition, the CAC cannot accept any applications from the union concerned in respect of the balloted bargaining unit or one substantially the same for three years.
Section 5 - For both Scenarios 1 and 2
Withdrawal of applications (Paragraph 93)
5.1 Applications can be withdrawn at any time, providing that none of the following has occurred:
a) the CAC makes a declaration that the union is recognised for collective bargaining,
b) the CAC decides that the unit no longer exists,
c) the CAC makes a declaration that the union is not recognised for collective bargaining,
d) the union has notified the CAC that it does not want a ballot held,
e) the end of the notification period after the CAC has notified the parties that it has decided to hold a ballot.
f) the CAC makes a declaration that bargaining arrangements are to cease having decided a new unit is appropriate and the new unit contains at least one worker falling within a statutory outside bargaining unit (see 3.2 on page 19)
Annex 1
Outline of all the procedures under Schedule A1
While Part I of Schedule A1 deals with statutory recognition, applications can also be made under other Parts of the Schedule.
This note only gives a very brief outline of the processes under other parts of the Schedule. For more detailed information, you should consult the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended by the Employment Relations Act 1999, the Employment Relations Act 2004 and the Employment Rights Act 2025) available from the OPSI. Explanatory Guides for these other parts of the Schedule and the relevant application forms are available from the CAC or from the CAC website.
Part II (agreements for recognition): applies where the union and employer have reached a voluntary agreement following a request by the union for statutory recognition. In other words, the parties have reached agreement and withdrawn from the statutory process (ie a semi-voluntary agreement). Where an application has already been submitted to the CAC by the union and an agreement is reached between the parties, both the employer and the union are required to notify the CAC that they no longer wish it to continue considering the application. When a semi-voluntary agreement has been reached, the parties can ask the CAC to specify the method of collective bargaining. Any method specified by the CAC will be legally binding unless both parties agree otherwise. The employer cannot unilaterally terminate an agreement under Part II for three years, but the union can end it at any time. [Note - Schedule A1 refers to this as “voluntary recognition”]
Part III (changes affecting bargaining unit): applies if, following statutory recognition, there is a change in the organisation, structure, or activities of the business, or a substantial change of the numbers employed which makes the bargaining unit inappropriate. Either party may make an application under Part III. If the CAC accepts the application, the parties can reach agreement on a new unit. If the parties fail to reach agreement, the CAC will consider whether the unit is still appropriate, and if not, decide what the new unit should be. Where the new unit overlaps with an existing bargaining unit, special provisions apply depending on the status of the overlapped bargaining unit. In addition, applications under Part III can be made by an employer on the grounds that the bargaining unit has ceased to exist. Applications under Part III can be made at any time after a declaration of recognition, provided that a method of conducting collective bargaining is in place other than an application in respect of a substantial change in the number of workers employed in the original unit which cannot be made within three years of the declaration of recognition.
Part IV (derecognition where recognition was achieved following a ballot): applies where an employer, or worker seeks to derecognise a union which was recognised under Part I. Statutory derecognition can only take place three years or more after recognition was granted. Either the employer or any worker in the bargaining unit can ask the union to end recognition arrangements. If the union does not agree, the CAC conducts tests similar to the Part I validity tests in reverse, and the question is settled by a ballot. The employer can also apply for derecognition on the grounds that the entire workforce has fallen below 21.
Part V (derecognition where recognition was achieved without a ballot): This applies where the union was granted recognition under Part I without a ballot. The main differences from Part IV are that only the employer can ask the union to end the recognition arrangements, and that the test for accepting the employer’s application is whether fewer than half the workers in the bargaining unit are members of the union. The question of derecognition is settled by a ballot, as with Part IV. Again the employer cannot apply for three years after recognition was granted.
Part VI (derecognition where the union is not independent): If a non-independent union is voluntarily recognised for collective bargaining purposes, a worker or workers within the bargaining unit can apply to the CAC to have the bargaining arrangements ended. While the workers concerned can be backed by another union, that union cannot itself use this route. Again the CAC applies some initial tests of admissibility, attempts to help the employer, union and worker to end the bargaining arrangements and arranges a ballot to take place if necessary. This process has to be halted if the non-independent union obtains a certificate of independence.
Part VII (loss of independence): If a union recognised under Part I of the Schedule loses its certificate of independence, then statutory recognition ceases.