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

You may be asked for information by the CAC case manager who is handling the union’s 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’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 have evidence that a majority of employees are in favour of recognition - for example, a petition

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 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’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 employees the union will represent, sometimes known as the bargaining unit.