Employment Relations Act 2004

The 1992 Act

23(1)Schedule A1 to the 1992 Act (union recognition) is amended as follows.

(2)In paragraph 2 (interpretation of Part 1), after sub-paragraph (3) insert—

“(3A)References to an appropriate bargaining unit’s being decided by the CAC are to a bargaining unit’s being decided by the CAC to be appropriate under paragraph 19(2) or (3) or 19A(2) or (3).”

(3)In paragraph 16(1) (point after which application may not be withdrawn), in paragraph (a), after “paragraph” insert “19F(5) or”.

(4)In paragraph 17(3) (final event before which notice to cease consideration of application may be given)—

(a)in paragraph (a), after “paragraph” insert “19F(5) or”; and

(b)in the words after paragraph (b), for “24(5)” substitute “24(6)”.

(5)In each of paragraphs 20(1)(b) and 21(1)(b) (application of paragraphs 20 and 21), after “appropriate period” insert “(defined by paragraph 18)”.

(6)In paragraph 28 (costs of a recognition ballot), after sub-paragraph (6) insert—

“(6A)Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).”

(7)In paragraph 32 (procedure where method of collective bargaining not carried out), in sub-paragraph (2), for “parties” substitute “employer or the union (or unions)”.

(8)In paragraph 37 (applications by more than one union under paragraph 11 or 12), in sub-paragraph (3)(b), for “11(4)” substitute “12(4)”.

(9)In paragraph 38 (admissibility of other relevant applications), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “19F(5), 22(2), 27(2), 27D(3), 27D(4),”.

(10)In paragraph 40 (bar on further application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—

(a)after “under paragraph” insert “27D(4) or”; and

(b)for “held” substitute “arranged”.

(11)In paragraph 41 (bar on further application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—

(a)after “under paragraph” insert “119D(4), 119H(5) or”; and

(b)for “held” substitute “arranged”.

(12)In paragraph 46 (invalidity of application where worker falls within another relevant bargaining unit), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “19F(5), 22(2), 27(2), 27D(3), 27D(4),”.

(13)In paragraph 48 (invalidity of application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—

(a)after “under paragraph” insert “27D(4) or”; and

(b)for “held” substitute “arranged”.

(14)In paragraph 49 (invalidity of application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—

(a)after “under paragraph” insert “119D(4), 119H(5) or”; and

(b)for “held” substitute “arranged”.

(15)In paragraph 51 (competing applications), in sub-paragraph (2)(b), after “19” insert “or 19A”.

(16)In paragraph 52 (agreements for recognition), in sub-paragraph (3)—

(a)in paragraph (f), after “paragraph”, where it first occurs, insert “19F(5) or”; and

(b)in paragraph (h), for “24(5)” substitute “24(6)”.

(17)In paragraph 83 (duties of the CAC where it decides new unit contains at least one worker falling within a statutory outside bargaining unit), in sub-paragraph (8), for “(1)(a)” substitute “(2)(a)”.

(18)In paragraph 89(5) (application of paragraphs 26 to 29), for the words from “but as if” onwards substitute “but as if—

(a)references to the bargaining unit were references to the new unit, and

(b)paragraph 26(4F) to (4H), and the references in paragraph 26(4) and (6) to paragraph 19D, were omitted.”

(19)In paragraph 89(8) (effect of declaration of entitlement to recognition), after “27(2)” insert “or 27D(3)”.

(20)In paragraph 89, after sub-paragraph (8) add—

“(9)Paragraphs (a) and (b) of sub-paragraph (7) also apply if the CAC issues a declaration under paragraph 27D(4).”

(21)In paragraph 93 (withdrawal of applications), in sub-paragraph (1)(c), for “83(1)” substitute “83(2)”.

(22)In paragraph 119 (remedial orders) omit sub-paragraph (3).

(23)In paragraph 120 (costs of a derecognition ballot), after sub-paragraph (6) insert—

“(6A)Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).”

(24)In paragraph 122(1) (first case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “19F(5), 22(2), 27(2) or 27D(3)”.

(25)In paragraph 123(1) (second case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “19F(5), 22(2), 27(2) or 27D(3)”.

(26)In paragraph 133(2) (ballot on de-recognition under Part 5 of that Schedule)—

(a)in paragraph (a), for “reference in paragraph 119(2)(a)” substitute “references in paragraphs 119(2)(a) and 119D(3)”; and

(b)in paragraph (b), for “reference in paragraph 121(4)” substitute “references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4)”.

(27)In paragraph 147(2) (ballot on de-recognition under Part 6 of that Schedule)—

(a)in paragraph (a), for “reference in paragraph 119(3)(a)” substitute “references in paragraphs 119H(1) and 119I(1)(a)”; and

(b)in paragraph (b), for “reference in paragraph 121(4)” substitute “references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4)”.