Voluntary vs. statutory union recognition: what’s the difference?

When workers collectively come together to demand a stronger voice in the workplace, union recognition is one of the most important steps to take. With recognition in place, employers must formally acknowledge a trade union, or multiple trade unions, as the representative body to collectively bargain on behalf of their workforce on pay, policy, terms and conditions and more.

This can be achieved through one of two routes – voluntary recognition and statutory recognition. In this blog, we’ll explore the key differences between these two routes to recognition, and prepare you for what’s ahead should you seek recognition in your workplace.

What is voluntary recognition?

Voluntary recognition is where an employer agrees to recognise a union voluntarily to represent their workforce.

How voluntary recognition works:

• Your union (that’s us) writes to your employer requesting recognition.
• If the employer agrees, they will contact us to write up a recognition agreement.
• If the employer agrees, a recognition agreement is drawn up between both parties.
• This agreement defines the bargaining unit (i.e. which workers are covered), and the scope of recognition (usually including negotiations over pay, policy, holidays, etc.).

What are the pros of voluntary recognition?

• Faster and simpler: Without having to hold ballots and go through the Central Arbitration Committee (CAC), voluntary recognition is much faster and simpler for all parties involved.
• Better working relationship: An employer who voluntarily welcomes union recognition is more likely to work collaboratively for the benefit of their employees.
• Custom recognition terms: The employer and union can work collaboratively to tailor the agreement to benefit both parties.

What are the cons of voluntary recognition?

• The employer can simply refuse: Employers are not legally obligated to agree to a voluntary recognition agreement.
• Limited leverage: Without the backing of the CAC, the union and members have limited backing power and must rely on an employer’s good will or understanding of what recognition entails.
• No legal backing: If the employer rejects the request for recognition, there’s less legal recourse compared to the statutory route.

What is statutory recognition?

Statutory recognition is a legal process where a union can seek recognition through the CAC via a workplace ballot, allowing them to go over an employer who is unwilling to recognise the union.

How statutory recognition works:

• The union must first request voluntary recognition from the employer.
• If the employer refuses, the union can apply to the CAC for statutory recognition.
• The CAC will then assess if the union has enough support from the workforce for recognition (through number of members in the workplace, or via recognition ballot).
• If successful, the CAC can then legally order the employer to recognise the union.

What are the pros of statutory recognition?

• Legal backing: Through the CAC process, if successful, employers are legally obliged to recognise the union.
• Highlights union legitimacy: The statutory route can highlight that the workforce wants the backing of a union.
• Legally reinforced: Recognition is enforceable, and therefore is harder for employers to undermine.

What are the cons of statutory recognition?

• A lengthy and complex process: The legal process for securing statutory recognition can be a lengthy and complex process for everyone involved.
• Employer resistance: Employers can oppose the CAC process, make it harder to secure recognition and use anti-union tactics.
• Majority support: During the statutory process, unions need to prove they have the majority of membership and/or secure the majority of votes in favour of union recognition.

Key differences between voluntary and statutory recognition

Voluntary or statutory recognition: Which route should you take?

There’s no one-size-fits-all solution to this as each workplace and employer is different. As a modern trade union, Community will always opt to work collaboratively with GOOD employers, and therefore will always prefer the voluntary route as it highlights the employer’s commitment to their workforce.

If your employer is open to negotiation and values their workforce, then voluntary recognition will be a quicker and more constructive approach as it will allow us to work collaboratively to improve the workplace. It could even be as simple as speaking to your employer as they may not fully understand what union recognition is.

However, if your employer is hostile towards unions or is uncooperative, the statutory route may be necessary — which will require a strong recognition campaign to secure recognition in your workplace via the CAC.

No matter which route to recognition we take, the most important part is ensuring your colleagues are members of Community as this will prove strong workplace organisation and solidarity, which are your most important tools in securing better pay and rights at work.