What the removal of the 30-day rule means for your workplace
From 21 February 2026, one of the long-standing requirements around starting new employees whose work is covered by a collective agreement has been removed. Here is what changed and what it means for employers and employees.
What Was the 30-Day Rule?
Previously, if a new employee started in a role covered by a collective (union) agreement, they had to be employed on the terms of that collective for their first 30 days of employment, even if they were not a union member. Only after that period could both parties agree on individual employment terms.
What Has Changed?
The 30-day rule has been removed. From 21 February 2026, new employees who are eligible for a collective agreement can now choose, from day one, whether to enter into an individual agreement or join the collective. Employers still need to provide information about union coverage and membership, but the default collective coverage no longer applies.
The change does not affect existing employees or existing collective agreements.
Why Does It Matter?
This gives both employers and employees more flexibility right from the start of a working relationship. Businesses with collective agreements in place can now offer tailored individual terms to new hires without any waiting period. Employees can also negotiate their own terms from the outset rather than defaulting to collective terms they may not want.
Practical Implications for Employers
Provides greater flexibility at the start of employment with the ability to discuss individual terms from the outset.
Template employment documents, hiring and onboarding processes may need updating to reflect this change.
Good faith obligations still apply and individual terms must still meet minimum employment standards.
Practical Implications for Employees
Greater autonomy from the outset, with the ability to negotiate individual terms straight away if you wish.
More responsibility on employees to understand the differences between the collective and individual agreements and make an informed choice early in the employment relationship.
You still have the right to join a union at any time and take part in collective bargaining.
Read any individual agreement carefully before signing and get advice if anything is unclear.
Please note: This article is intended as general information only and is not a substitute for legal advice. If you have questions about how these changes affect you or your business, contact the team at McLuskie Dalziel Lawyers.
