The Industrial Relations (Amendment) Regulations 2025, effective from 15 May 2025, introduce important updates to the Industrial Relations Regulations 2009, particularly concerning trade unions, secret ballots, and dismissal representation procedures.

1. Trade Union Recognition (New Regulation 4)

   • Employers or employers’ unions must voluntarily accord recognition to a trade union of workmen if it is satisfied that the union’s scope of membership aligns with the union’s constitution.

   • Notification to the Director General of Industrial Relations (DGIR) must be made using Form AA within 14 days of its issuance.

2. Secret Ballot Amendments

   • Amended Regulation 13D: A trade union that fails to attend two scheduled secret ballot meetings or opts out is deemed uninterested and is excluded from the determination of sole bargaining rights. The DGIR will then decide which union is vested with these rights.

   • New Regulation 13GA:

     • The trade union receiving the most votes in a secret ballot gains exclusive bargaining rights.

     • In the event of a tie, repeat ballots are conducted among tied unions until one obtains a majority and the following occurs –

       • The DGIR sets the parameters (time, venue, etc.) for the next secret ballot.

       • Employers must post the ballot notice in a conspicuous workplace location for seven days before voting.

       • Only workers listed in a prescribed form may vote.

       • Form FH now reflects the number of votes cast rather than the total number of ballot papers supplied, ensuring the result is based solely on votes cast.

3. Withdrawal of Unjust Dismissal Representation

   
   

   • Form H in the schedule is amended, where if a worker fails to attend a conciliation meeting without a reasonable excuse, the DGIR may treat the representation as withdrawn if no explanation is provided within 30 days (previously 60 days).

These amendments aim to streamline union recognition processes, clarify procedures for secret ballots, and shorten the timeframe for addressing non-attendance in dismissal claims. With regards to the New Regulation 4, this is a topic for discussion in our upcoming podcast, so stay tuned.