Amendments proposed to the Employment Relations Bill, As Amended - continued	House of Commons
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Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

20

Page     22,     line     43     [Schedule     1],     leave out '10' and insert '15'.

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Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

21

Page     23,     line     15     [Schedule     1],     leave out '10' and insert '15'.

   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

8

Page     23,     line     48     [Schedule     1],     at end insert—

'(c) the proposed recognition of the union or unions would contribute to good industrial relations.'.

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Mr Graham Brady
Mr John Bercow

45

Page     24,     line     15     [Schedule     1],     leave out from '18' to end of line 18.

   

Mr Secretary Byers

71

Page     24,     line     17     [Schedule     1],     leave out 'union shows (or unions show)' and insert 'CAC is satisfied'.

   

Mr Secretary Byers

72

Page     24,     line     46     [Schedule     1],     leave out 'union does not show (or unions do not show)' and insert 'CAC is not satisfied'.

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Mr Graham Brady
Mr John Bercow

39

Page     26,     line     23     [Schedule 1],     after ''22', insert 'except for reasons of religious conscience.

   

Mr Graham Brady

47

Page     26,     line     37     [Schedule     1]     after 'borne' insert 'by the union in cases where the union has made an application to the CAC for a ballot and the employer has co-operated reasonably throughout the process, and otherwise—'.

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Mrs Margaret Ewing
Mr Alasdair Morgan
Mr Andrew Welsh
Mr Alex Salmond
Ms Roseanna Cunningham
Mr John Swinney

37

Page     27,     line     17     [Schedule 1],     leave out from 'voting' to end of line 18.

   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

9

Page     27,     line     18     [Schedule     1],     leave out 'at least 40 per cent.' and insert 'a majority'.

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Mr Secretary Byers

152

Page     28,     line     30     [Schedule     1],     at end insert—

    '(1A) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if—

(a) the union does not have a certificate under section 6 that it is independent,

(b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and

(c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.

    (1B) It is for the CAC to decide whether one group of workers is the same or substantially the same as another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.'

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Mr Secretary Byers

167

Page     29,     line     12     [Schedule     1],     at end insert—

    '32A.—(1) This paragraph applies if—

(a) the CAC accepts for decision an application under paragraph 10 or 11 relating to a bargaining unit, and

(b) the CAC has not issued a declaration under paragraph 19(2), 25(3) or 25(4) in relation to that bargaining unit.

    (2) Another application under paragraph 10 or 11 is not admissible if—

(a) at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and

(b) the application is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).

    (3) The relevant bargaining unit is—

(a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);

(b) the agreed bargaining unit, where the application is under paragraph 11(4).'

   

Mr Secretary Byers

168

Page     29,     line     44     [Schedule     1],     at end insert—

'Competing applications

    35A.—(1) For the purposes of this paragraph—

(a) the original application is the application referred to in paragraph 32A(1), and

(b) the competing application is the other application referred to in paragraph 32A(2).

    (2) This paragraph applies if—

(a) the CAC decides that the competing application is not admissible by reason of paragraph 32A,

(b) at the time the decision is made the parties to the original application have not agreed the appropriate bargaining unit under paragraph 15, and the CAC has not decided the appropriate bargaining unit under paragraph 16, in relation to the application, and

(c) the 10 per cent test (within the meaning given by paragraph 13) is satisfied with regard to the competing application.

    (3) In such a case—

(a) the CAC must cancel the original application,

(b) the CAC must give notice to the parties to the application that it has been cancelled,

(c) no further steps are to be taken under this Part of this Schedule in relation to the application, and

(d) the application shall be treated as if it had never been admissible.'

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Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

10

Page     30,     line     11     [Schedule     1],     at end insert 'or a new agreement has been reached which, with the consent of the CAC, replaces statutory recognition arrangements previously made under this Schedule.'.

   

Mr Secretary Byers

73

Page     30,     line     22     [Schedule     1],     leave out from beginning to 'the employer'.

   

Mr Secretary Byers

74

Page     30,     line     24     [Schedule     1],     at end insert—

    '(1A) The application is not admissible unless—

(a) the condition in sub-paragraph (2) is satisfied, and

(b) one of the conditions in sub-paragraph (2A) is satisfied.'

   

Mr Secretary Byers

75

Page     30,     line     28     [Schedule     1],     at end insert—

    '(2A) The conditions are that—

(a) the parties have not agreed a method by which they are to conduct collective bargaining on behalf of the bargaining unit;

(b) the parties have agreed such a method but have failed to carry out the agreement.'

   

Mr Secretary Byers

67

Page     30     [Schedule     1],     leave out lines 34 and 35 and insert—

    '(4) For the purposes of sub-paragraph (2)(a), any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.

    (4A) For the purposes of sub-paragraph (2)(b), any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.

    (4B) For the purposes of sub-paragraphs (4) and (4A), a worker who is employed on board a ship registered in the United Kingdom shall be treated as ordinarily working in Great Britain unless—

(a) the ship is registered at a port outside Great Britain,

(b) the employment is wholly outside Great Britain, or

(c) the worker is not ordinarily resident in Great Britain.'

   

Mr Secretary Byers

76

Page     30,     line     36     [Schedule     1],     leave out 'invalid' and insert 'not admissible'.

   

Mr Secretary Byers

77

Page     30,     line     39     [Schedule     1],     leave out 'invalid' and insert 'not admissible'.

   

Mr Secretary Byers

78

Page     30,     line     43     [Schedule     1],     leave out sub-paragraphs (3) and (4).

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Mr Secretary Byers

79

Page     31,     line     2     [Schedule     1],     leave out 'references to the applicant are' and insert 'the reference to the applicant is'.

   

Mr Secretary Byers

80

Page     31,     line     4     [Schedule     1],     leave out 'references to the other party are' and insert 'the reference to the other party is'.

   

Mr Secretary Byers

81

Page     31,     line     7     [Schedule     1],     leave out from beginning to 'it' in line 16 and insert—

    '(1) The CAC must give notice to the parties of receipt of an application under paragraph 38.

    (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 38 and 39.

    (3) In deciding whether an application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the CAC decides that the application is not admissible—

(a) the CAC must give notice of its decision to the parties,

(b) the CAC must not accept the application, and

(c) no further steps are to be taken under this Part of this Schedule.

    (5) If the CAC decides that the application is admissible it must—

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is—

(a) the period of 10 working days starting with the day 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.

    40A.—(1) If the CAC accepts an application'.

Prepared 30 Mar 1999