Member

Government Amendment 216F seeks to close a potential loophole that we have identified. Currently, once a union has been statutorily recognised under Part 1 of Schedule A1, an employer can subsequently make an application under Part 3, where the bargaining unit has changed significantly. One of the considerations is whether there has been a significant change in the number of workers in the bargaining unit. If the CAC agrees with the employer’s request under Part 3, it can then order a ballot. As there is currently no time bar in relation to Part 3 applications once a union has been statutorily recognised, there is the potential for an employer to recruit into the bargaining unit, thus changing it substantially, for the purpose of trying to get a newly recognised union derecognised. This amendment is not new policy but seeks to make the policy work better by closing this loophole. Its purpose is to prevent an employer from undermining the recognition process by significantly changing the numbers of workers in the bargaining unit once a union has been statutorily recognised.