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Employers: recognise a trade union

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When the union applies for statutory recognition

The union can apply to the Central Arbitration Committee (CAC) for ‘statutory recognition’ if you do not agree to recognise them voluntarily.

CAC will accept the trade union’s application for recognition if it meets the requirements, unless you challenge the application.

Providing information to the CAC

The CAC case manager handling the union’s application will ask you for the following information regarding all workers in the bargaining unit:

  • name
  • date of birth
  • worker category (for example, technical and skilled but not managers)

You should respond to the CAC within 5 working days. If you do not, the CAC may give you a final warning (‘remedial order’) to provide this information. The CAC will still consider the union’s 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’ve sent you a copy of their application and any supporting documents
  • they have at least 10% union membership within the proposed bargaining unit

They cannot apply if:

  • they’ve applied for recognition in the last 3 years
  • they are not a certified independent union
  • there’s already a recognition agreement that allows another union to represent workers in the bargaining unit - except in limited circumstances
  • another union - representing 10% of the workers 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’ll 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’s application

When the CAC accepts a union’s application

You’ll need to start discussions about which workers the union will represent, sometimes known as the bargaining unit.

The union may also tell you that it wants to have access to the workers.

View a printable version of the whole guide

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