What the Employment Relations Act requires

A union’s independence

A union must be independent of, and be constituted and operate at 'arm’s length' from, any employer.

We will examine applications for registration as a union to determine whether or not an applicant is independent of any employer. If it is not, we must decline to register it as a union.

Employer support for the formation and/or registration of a union will not, in itself, prevent registration. We will consider all relevant circumstances, including the nature and purpose of an employer’s support, and any employer influence over the nature or scope of the union's activities.

Union constitutions or rules

A union's constitution or rules set out the union’s purpose, and how it will operate. Union rules will vary depending on the nature of the union. A large national union will need a far more complex constitution than a small workplace-based union.

The ERA requires that a union's constitution or set of rules —

• identifies its object (purpose), or one of its objects, as 'promoting members' collective employment interests', and
• is:
  • democratic
  • reasonable
  • not unfairly discriminatory or prejudicial
  • compliant with the law
• contain provisions for holding a secret ballot.

Related information

More 'Registering as a union' guides:

• Creating union constitutions and rules Guidelines for creating union constitutions and rules
• How to register as a union Find out what you need to do to register as a union and the information you need to gather.