Are there changes to the process for employers to derecognise a union?

Yes. The Act strengthens protections around the recognition and derecognition process. The updated rules are due to come into force in October 2026.

In particular:

• The law will extend protections against unfair practices during both recognition and derecognition campaigns.
• The Central Arbitration Committee will have greater oversight of employer conduct during these processes.

These measures are intended to prevent employers from undermining union recognition through unfair tactics.

What this means for union reps

• Reps should be better protected from employer attempts to influence workers unfairly during recognition or derecognition campaigns.
• It will be important to monitor and document any employer conduct that could interfere with workers' ability to make a free and informed choice about union recognition.
• Strong workplace organisation and active membership remain the best defence against attempts to remove union recognition.
• Where concerns arise about employer behaviour, unions may be able to seek support from the CAC and make use of the strengthened safeguards in the legislation.