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Mr Graham Brady
151
Schedule 1, page 26, line 37, leave out '(or unions are)'.
Mr Graham Brady
152
Schedule 1, page 26, line 39, leave out '(or unions are)'.
Mr Graham Brady
153
Schedule 1, page 27, line 1, leave out '(or unions are)'.
Mr Ian McCartney
172
Schedule 1, page 27, line 39, leave out 'invalid' and insert 'not admissible'.
Mr Ian McCartney
173
Schedule 1, page 27, line 43, leave out 'to the CAC under paragraph 9 or 10 is invalid' and insert 'under paragraph 9 or 10 is not admissible'.
Mr Ian McCartney
174
Schedule 1, page 27, line 47, leave out sub-paragraphs (2) and (3).
Mr Ian McCartney
175
Schedule 1, page 28, line 2, leave out from beginning to 'if' and insert 'An application under paragraph 9 or 10 is not admissible'
Mr Ian McCartney
195
Schedule 1, page 28, line 4, leave out 'proposed' and insert 'relevant'.
Mr Ian McCartney
196
Schedule 1, page 28, line 4, at end insert—
'(2) The relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).'
Mr Ian McCartney
176
Schedule 1, page 28, line 5, leave out from beginning to 'decides' in line 7 and insert 'An application under paragraph 9 or 10 is not admissible unless the CAC'.
Mr Ian McCartney
197
Schedule 1, page 28, line 9, leave out 'proposed' and insert 'relevant'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
27
Schedule 1, page 28, line 9, after 'unit', insert 'and have done so for a period of at least 13 weeks.'.
Mr Ian McCartney
198
Schedule 1, page 28, line 10, leave out 'there is prima facie evidence that'.
Mr Ian McCartney
199
Schedule 1, page 28, line 11, leave out 'proposed' and insert 'relevant'.
Mr Ian McCartney
200
Schedule 1, page 28, line 13, at end insert—
'(2A) The relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).'
Mr Ian McCartney
177
Schedule 1, page 28, line 14, leave out from 'must' to 'give' in line 15.
Mr Ian McCartney
201
Schedule 1, page 28, line 17, leave out from 'application' to end of line 20 and insert 'made by more than one union under paragraph 9 or 10'.
Mr Ian McCartney
178
Schedule 1, page 28, line 21, leave out from 'The' to 'unless' and insert 'application is not admissible'.
Mr Ian McCartney
202
Schedule 1, page 28, line 27, leave out 'proposed' and insert'relevant'.
Mr Ian McCartney
203
Schedule 1, page 28, line 28, at end insert—
'(3) The relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).'
Mr Ian McCartney
179
Schedule 1, page 28, line 29, leave out paragraph 28.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
28
Schedule 1, page 28, line 33, leave out '10' and insert '20'.
Mr Ian McCartney
180
Schedule 1, page 28, line 37, leave out paragraph 29.
Mr Ian McCartney
181
Schedule 1, page 28, line 44, leave out from beginning to 'if' in line 45 and insert 'Another application under paragraph 9 or 10 is not admissible'.
Mr Ian McCartney
204
Schedule 1, page 28, line 48, leave out 'bargaining unit concerned' and insert 'relevant bargaining unit'.
Mr Ian McCartney
205
Schedule 1, page 29, line 2, at end insert—
'(2A) The relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).'.
Mr Ian McCartney
182
Schedule 1, page 29, leave out line 7 and insert 'An application under paragraph 9 or 10 is not admissible'.
Mr Ian McCartney
206
Schedule 1, page 29, line 11, leave out 'bargaining unit concerned' and insert 'relevant bargaining unit'.
Mr Ian McCartney
207
Schedule 1, page 29, line 14, at end insert—
'(3) The relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
29
Schedule 1, page 29, line 17, after 'another', insert ' ,and it shall give the reasons for its decision in writing,'.
Mr Tim Boswell
Mr Tim Collins
240
Schedule 1, page 29, line 24, after 'time', insert 'after section 1 and this Schedule come into force'.
Mr Ian McCartney
217
Schedule 1, page 29, line 34, leave out from 'relating to' to end of line 35 and insert 'pay, hours and holidays; but this has effect subject to sub-paragraph (5).'
Mr Ian McCartney
218
Schedule 1, page 29, line 36, leave out 'But'.
Mr Ian McCartney
219
Schedule 1, page 29, line 38, after 'matters' insert '; but this does not apply in construing paragraph 37(4).'.
Mr Tim Boswell
Mr Tim Collins
241
Schedule 1, page 30, line 34, at end insert 'procedurally'.
Mr Tim Boswell
Mr Tim Collins
154
Schedule 1, page 31, leave out lines 1 and 2.
Mr Ian McCartney
245
Schedule 1, page 31, line 9, at end insert—
'Part IIA
Changes affecting bargaining unit
Introduction
37A.—(1) This Part of this Schedule applies if the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
(2) In such a case, in this Part of this Schedule—
(a) references to the original unit are to the bargaining unit on whose behalf the union is (or unions are) recognised as entitled to conduct collective bargaining, and
(b) references to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method.
(3) For this purpose the provisions relating to the collective bargaining method are—
(a) the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original unit,
(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit, or
(c) any provision of this Part of this Schedule that a method of collective bargaining is to have effect with regard to the original unit.
37B.—(1) This Part of this Schedule also applies if—
(a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,
(b) the CAC has specified to the parties under paragraph 37(4) the method by which they are to conduct collective bargaining, and
(c) the parties have not agreed in writing to replace the method or that paragraph 37(5) shall not apply.
(2) In such a case, in this Part of this Schedule—
(a) references to the original unit are to the bargaining unit agreed by the parties, and
(b) references to the bargaining arrangements are to the parties' agreement mentioned in sub-paragraph (1)(a) and to the provisions relating to the collective bargaining method.
(3) For this purpose the provisions relating to the collective bargaining method are anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit.
37C. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
Either party believes unit no longer appropriate
37D.—(1) This paragraph applies if the employer believes or the union believes (or unions believe) that the original unit is no longer an appropriate bargaining unit.
(2) The employer or union (or unions) may apply to the CAC to make a decision as to what is an approriate bargaining unit.
37E.—(1) The CAC must not accept an application under paragraph 37D unless it decides that there is prima facie evidence that the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (2).
(2) The matters are—
(a) a change in the organisation or structure of the business carried on by the employer;
(b) a change in the activities pursued by the employer in the course of the business carried on by him;
(c) a substantial change in the number of workers employed in the original unit.
(3) The CAC—
(a) must decide whether or not to accept the application within the decision period, and
(b) must give notice of its decision to the parties.
(4) The decision period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(5) If the CAC gives notice of a decision not to accept an application no further steps are to be taken under this Part of this Schedule in relation to the application.
37F.—(1) This paragraph applies if—
(a) the CAC gives notice under paragraph 37E(3) of a decision to accept an application, and
(b) before the end of the first period the parties agree a bargaining unit (the new unit) which differs from the the original unit and inform the CAC of their agreement.
(2) In such a case—
(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;
(b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
(3) The first period is—
(a) the period of 10 working days starting with the day after that on which the CAC gives notice under paragraph 37E(3), or
(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC.
37G.—(1) This paragraph applies if—
(a) the CAC gives notice under paragraph 37E(3) of a decision to accept an application, and
(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit which differs from the original unit.
(2) During the second period—
(a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit;
(b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is appropriate or that no other unit is appropriate;
(c) the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b).
(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters—
(a) any change in the organisation or structure of the business carried on by the employer;
(b) any change in the activities pursued by the employer in the course of the business carried on by him;
(c) any substantial change in the number of workers employed in the original unit.
(4) In deciding whether another bargaining unit is appropriate, and what the unit is, the CAC must take these matters into account—
(a) the need for the unit to be compatible with effective management;
(b) the matters listed in sub-paragraph (5), so far as they do not conflict with that need.
(5) The matters are—
(a) the views of the employer and of the union (or unions);
(b) existing national and local bargaining arrangements;
(c) the desirability of avoiding small fragmented bargaining units within an undertaking;
(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;
(e) the location of workers.
(6) The second period is—
(a) the period of 10 working days starting with the day after that on which the first period ends, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
37H. If the CAC gives notice under paragraph 37G of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule in relation to the application under paragraph 37D.
37J.—(1) This paragraph applies if the CAC gives notice under paragraph 37G of—
(a) a decision that the original unit is no longer an appropriate bargaining unit, and
(b) a decision that no other unit is appropriate.
(2) In such a case—
(a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the bargaining arrangements shall cease to have effect accordingly.
37K. Paragraph 37U applies if the CAC gives notice under paragraph 37G of—
(a) a decision that the original unit is no longer an appropriate bargaining unit, and
(b) a decision as to the bargaining unit which is appropriate.
Employer believes unit has ceased to exist
37L.—(1) This paragraph applies if—
(a) the employer believes that the original unit has ceased to exist, and
(a) he gives the union (or each of the unions) a notice complying with sub-paragraph (2).
(2) A notice complies with this sub-paragraph if it—
(a) identifies the unit and the bargaining arrangements,
(b) states the date on which the notice is given,
(c) states that the unit has ceased to exist, and
(d) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 25 working days starting with the day on which the notice is given.
(3) If the union does not (or unions do not) apply to the CAC under paragraph 37M the bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d).
37M.—(1) This paragraph applies if—
(a) a notice is given which purports to be given under paragraph 37L, and
(b) within the period of 10 working days starting with the day on which the notice is given the union makes (or unions make) an application to the CAC for a decision on one or more of the questions specified in sub-paragraph (2).
(2) The questions are—
(a) whether the notice is given in accordance with paragraph 37L;
(b) whether the original unit has ceased to exist;
(c) whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (4).
(3) The CAC—
(a) must give the employer and the union (or unions) an opportunity to put their views on the question or questions in relation to which the application was made;
(b) must decide the question or questions before the end of the decision period.
(4) The matters are—
(a) a change in the organisation or structure of the business carried on by the employer;
(b) a change in the activities pursued by the employer in the course of the business carried on by him;
(c) a substantial change in the number of workers employed in the original unit.
(5) The decision period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
37N.—(1) If the CAC decides that the employer's notice is not given in accordance with paragraph 37L—
(a) the CAC must give the parties notice of its decision, and
(b) the employer's notice shall be treated as not having been given.
(2) If the CAC decides that the employer's notice is given in accordance with paragraph 37L and that the original unit has ceased to exist—
(a) the CAC must give the parties notice of its decision, and
(b) the bargaining arrangements shall cease to have effect on the termination date.
(3) If the CAC decides that the employer's notice is given in accordance with paragraph 37L, that the original unit has not ceased to exist, and that there is no evidence that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 37M(4)—
(a) the CAC must give the parties notice of its decision, and
(b) the employer's notice shall be treated as not having been given.
(4) If the CAC decides that the employer's notice is given in accordance with paragraph 37L, that the original unit has not ceased to exist, and that there is prima facie evidence that the original unit is no longer appropriate by reason of any of the matters specified in paragarph 37M(4), the CAC must give the parties notice of its decision.
(5) The termination date is the later of—
(a) the date specified in paragraph 37L(2)(d), and
(b) the day after the last day of the decision period.
37P.—(1) This paragraph applies if—
(a) the CAC gives notice under paragraph 37N(4), and
(b) before the end of the first period the parties agree a bargaining unit (the new unit) which differs from the original unit and inform the CAC of their agreement.
(2) In such a case—
(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;
(b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
(3) The first period is—
(a) the period of 10 working days starting with the day after that on which the CAC gives notice under paragraph 37N(4), or
(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC.
37Q.—(1) This paragraph applies if—
(a) the CAC gives notice under paragraph 37N(4), and
(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit which differs from the original unit.
(2) During the second period—
(a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit;
(b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is appropriate or that no other unit is appropriate;
(c) the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b).
(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters—
(a) any change in the organisation or structure of the business carried on by the employer;
(b) any change in the activities pursued by the employer in the course of the business carried on by him;
(c) any substantial change in the number of workers employed in the original unit.
(4) In deciding whether another bargaining unit is appropriate, and what the unit is, the CAC must take these matters into account—
(a) the need for the unit to be compatible with effective management;
(b) the matters listed in sub-paragraph (5), so far as they do not conflict with that need.
(5) The matters are—
(a) the views of the employer and of the union (or unions);
(b) existing national and local bargaining arrangements;
(c) the desirability of avoiding small fragmented bargaining units within an undertaking;
(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;
(e) the location of workers.
(6) The second period is—
(a) the period of 10 working days starting with the day after that on which the first period ends, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
37R. If the CAC gives notice under paragraph 37Q of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule in relation to the notice under paragraph 37L or the application under paragraph 37M.
37S.—(1) This paragraph applies if the CAC gives notice under paragraph 37Q of—
(a) a decision that the original unit is no longer an appropriate bargaining unit, and
(b) a decision that no other unit is appropriate.
(2) In such a case—
(a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the bargaining arrangements shall cease to have effect accordingly.
37T. Paragraph 37U applies if the CAC gives notice under paragraph 37Q of—
(a) a decision that the original unit is no longer an appropriate bargaining unit, and
(b) a decision as to the bargaining unit which is appropriate.
Position where CAC decides new unit
37U.—(1) This paragraph applies if the CAC gives notice under paragraph 37G or paragraph 37Q of—
(a) a decision that the original unit is no longer an appropriate bargaining unit, and
(b) a decision as to the bargaining unit which is appropriate (the new unit).
(2) The CAC must decide whether the following conditions are fulfilled—
(a) at least one worker falling within the new unit also falls within another bargaining unit;
(b) the other unit is not the original unit;
(c) a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the other unit.
(3) If the CAC decides that the conditions specified in sub-paragraph (2) are fulfilled—
(a) the CAC must issue a declaration that the relevant bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the relevant bargaining arrangements shall cease to have effect accordingly.
(4) The relevant bargaining arrangements are—
(a) the bargaining arrangements relating to the original unit, and
(b) the bargaining arrangements relating to the other unit.
(5) The bargaining arrangements relating to the original unit are the bargaining arrangements as defined in paragraph 37A or 37B.
(6) The bargaining arrangements relating to the other unit are—
(a) the agreement or declaration recognising a union (or unions) as entitled to conduct collective bargaining on behalf of the workers constituting the other unit, and
(b) the provisions relating to the collective bargaining method.
(7) For this purpose the provisions relating to the collective bargaining method are—
(a) any agreement by the employer and the union (or unions) as to the method by which collective bargaining is to be conducted with regard to the other unit,
(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the other unit, or
(c) any provision of this Part of this Schedule that a method of collective bargaining is to have effect with regard to the other unit.
37V.—(1) If the CAC decides that the conditions specified in paragraph 37U(2) are not fulfilled it must—
(a) decide whether the difference between the original unit and the new unit is such that the support of the union (or unions) within the new unit needs to be assessed, and
(b) inform the parties of its decision.
(2) If the CAC's decision is that such support does not need to be assessed—
(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;
(b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
37W.—(1) This paragraph applies if the CAC decides under paragraph 37V(1) that the support of the union (or unions) within the new unit needs to be assessed.
(2) The CAC must decide these questions—
(a) whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;
(b) whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.
(3) If the CAC decides one or both of the questions in the negative—
(a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the bargaining arrangements shall cease to have effect accordingly.
37X.—(1) This paragraph applies if—
(a) the CAC decides both the questions in paragraph 37W(2) in the affirmative, and
(b) the union shows (or unions show) that a majority of the workers constituting the new unit are members of the union (or unions).
(2) The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the new unit.
(3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
(4) These are the three qualifying conditions—
(a) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
(b) a significant number of the union members within the new unit inform the CAC that they do not want the union (or unions) to conduct collective bargaining on their behalf;
(c) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the new unit want the union (or unions) to conduct collective bargaining on their behalf.
(5) For the purposes of sub-paragraph (4)(c) membership evidence is—
(a) evidence about the circumstances in which union members became members;
(b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.
(6) If the CAC issues a declaration under sub-paragraph (2)—
(a) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
(b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
37Y.—(1) This paragraph applies if—
(a) the CAC decides both the questions in paragraph 37W(2) in the affirmative, and
(b) the union does not show (or unions do not show) that a majority of the workers constituting the new unit are members of the union (or unions).
(2) The CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
37Z.—(1) If the CAC gives notice under paragraph 37X(3) or 37Y(2) the union (or unions) may within the notification period notify the CAC that the union does not (or unions do not) want the CAC to arrange for the holding of the ballot; and the notification period is the period of 10 working days starting with the day on which the union (or last of the unions) receives the CAC's notice.
(2) If the CAC is so notified—
(a) it must not arrange for the holding of the ballot,
(b) it must inform the parties that it will not arrange for the holding of the ballot, and why,
(c) it must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by it in the declaration, and
(d) the bargaining arrangements shall cease to have effect accordingly.
(3) If the CAC is not so notified it must arrange for the holding of the ballot.
(4) Paragraph 16 applies if the CAC arranges under this paragraph for the holding of a ballot (as well as if the CAC arranges under paragraph 14 or 15 for the holding of a ballot).
(5) Paragraphs 17 to 20 apply accordingly, but as if references to the bargaining unit were references to the new unit.
(6) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit—
(a) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
(b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
(7) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of the new unit—
(a) the CAC must state in the declaration the date on which the bargaining arrangements are to cease to have effect, and
(b) the bargaining arrangements shall cease to have effect accordingly.
Applications under this Part
37AA.—(1) An application to the CAC under this Part of this Schedule is invalid unless—
(a) it is made in such form as the CAC specifies, and
(b) it is supported by such documents as the CAC specifies.
(2) An application which is made by a union (or unions) to the CAC under this Part of this Schedule is invalid unless the union gives (or unions give) to the employer—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
(3) An application which is made by an employer to the CAC under this Part of this Schedule is invalid unless the employer gives to the union (or each of the unions)—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
(4) If there is a dispute between the union (or unions) and the employer as to whether or when sub-paragraph (2) has been fulfilled, it is for the union (or unions) to show that it was or when it was fulfilled.
(5) If there is a dispute between the employer and the union (or unions) as to whether or when sub-paragraph (3) has been fulfilled, it is for the employer to show that it was or when it was fulfilled.
(6) If requested to do so by the parties the CAC must decide a dispute mentioned in sub-paragraph (4) or (5).'.
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