Trade union recognition

Updating author: Nick Chronias, DAC Beachcroft

XpertHR editor: Laura Merrylees

Summary

• An employer may voluntarily recognise a union to conduct collective bargaining. (See Voluntary recognition)
• An employer may be compelled under the provisions of the Employment Relations Act 1999 to recognise a union for collective bargaining on pay, hours and holidays. (See Preconditions for obtaining compulsory recognition and The recognition process)
• The Employment Relations Act 1999 also allows for a hybrid form of voluntary recognition. (See The recognition process)
• In order to apply for compulsory recognition certain requirements must be satisfied. (See Preconditions for obtaining compulsory recognition)
• Detailed provisions govern the compulsory recognition process which is conducted under the control of the Central Arbitration Committee (CAC). (See The recognition process)
• If compulsory recognition is granted it cannot be abandoned at will by the employer. (See Derecognition)