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Mr. Byers: I beg to move amendment No. 152, in page 28, line 30, 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.'

Mr. Deputy Speaker: With this, it will be convenient to discuss Government amendments Nos. 150, 151 and 153.

Mr. Byers: I commend the amendments. However, there is an issue that the Government want to consider further: where a staff association or a non-independent union has applied for a certificate of independence, whether the CAC should not consider any application for derecognition until the outcome of that process is known.

The Government want to give some thought to that issue. We have not arrived at any conclusions as to what our response should be. We will give it further thought and may return to that aspect during the House of Lords consideration of those matters.

Amendment agreed to.

31 Mar 1999 : Column 1186

Mr. Deputy Speaker: I understand that the outstanding groups of Opposition amendments are not to be moved. I see that that is so.

Amendments made: No. 167, in page 29, line 12, 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).'

No. 168, in page 29, line 44, 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.'

No. 73, in page 30, line 22, leave out from beginning to 'the employer'.

No. 74, in page 30, line 24, 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.'

No. 75, in page 30, line 28, 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.'

31 Mar 1999 : Column 1187

No. 67, in page 30, 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.'

No. 76, in page 30, line 36, leave out 'invalid' and insert 'not admissible'.

No. 77, in page 30, line 39, leave out 'invalid' and insert 'not admissible'.

No. 78, in page 30, line 43, leave out sub-paragraphs (3) and (4).

No. 79, in page 31, line 2, leave out


'references to the applicant are'

and insert


'the reference to the applicant is'.

No. 80, in page 31, line 4, leave out


'references to the other party are'

and insert


'the reference to the other party is'.

No. 81, in page 31, line 7, 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'.

No. 82, in page 31, line 37, leave out


'receives the application under paragraph 38'

and insert


'gives notice of acceptance of the application'.

31 Mar 1999 : Column 1188

No. 133, in page 32, line 36, leave out line 36 and insert


'An application under paragraph 44 is not admissible unless the CAC'.

No. 134, in page 32, line 46, leave out sub-paragraphs (3) to (5) and insert--


'45A.--(1) The CAC must give notice to the parties of receipt of an application under paragraph 44.
(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 45 and 65.
(3) In deciding whether the 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.'

No. 135, in page 33, line 9, leave out


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