Recognising and derecognising a trade union

Statutory derecognition of a trade union - an introduction


If a union achieved recognition via the statutory procedure, certain procedures have to be followed for it to be derecognised.

However, you can only seek statutory derecognition three or more years after recognition was originally granted.

There are three main grounds for derecognition:

  1. you - taken with any associated employers - no longer employ 21 or more workers
  2. application by the employer or by a worker or workers where it is believed that there is no longer majority support for bargaining arrangements
  3. union membership in the bargaining unit falls below 50 per cent

In situations where grounds 2 or 3 apply and an application for derecognition is accepted by the Industrial Court, the Industrial Court could declare that a derecognition ballot be held.