Employment Relations Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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61     Page 26, line 43, at end insert--
 
    ("(1A)  An agreement for or declaration of recognition which is the subject of a declaration under paragraph 64(3) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect on the making of the declaration under paragraph 64(3).")
 
62     Page 26, line 46, after ("have") insert ("(or none of the unions has)") 
63     Page 27, line 40, leave out ("for decision an application under paragraph 10 or 11") and insert ("a relevant application") 
64     Page 27, line 42, after ("19(2),") insert ("23(2),") 
65     Page 27, line 44, leave out ("application under paragraph 10 or 11") and insert ("relevant application") 
66     Page 27, line 48, at end insert--
 
    ("(2A)  A relevant application is an application under paragraph 10 or 11.")
 
67     Page 28, line 2, leave out ("for decision an application under paragraph 10 or 11") and insert ("a relevant application") 
68     Page 28, line 4, leave out ("application under paragraph 10 or 11") and insert ("relevant application") 
69     Page 28, line 5, leave out ("date") and insert ("day after that on which the CAC gave notice of acceptance") 
70     Page 28, line 10, at end insert--
 
    ("(2A)  A relevant application is an application under paragraph 10 or 11.")
 
71     Page 28, line 20, leave out ("date of the declaration,") and insert ("day after that on which the declaration was issued,") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
72     Page 29, line 24, after ("holidays;") insert ("and
    (b)  any other matter mentioned in section 178(2), which the CAC specifies as within, or relevant to, the method by which the parties are to conduct collective bargaining,")
 
73     Page 29, line 27, leave out from ("matters") to end of line 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
74     Page 29, line 37, leave out ("21") and insert ("50") 
75     Page 29, line 38, leave out ("21") and insert ("50") 
75A*     Page 30, line 10, at end insert--
 
    ("(  )  For the purposes of sub-paragraphs 3(a) and (b) there shall be excluded from the number of persons classified as "workers"--
    (a)  directors or any company secretary or manager or other officers of a limited company;
    (b)  shareholders in any private limited company or company whose shares are not quoted on any recognised stock exchange; and
    (c)  members of a partnership.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
76     Page 30, line 16, at end insert--
 
    ("(9)  An order made under paragraph 6(6) may also--
    (a)  provide that sub-paragraphs (2)(a), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or
 
        6
    (b)  vary the number of workers for the time being specified in sub-paragraph (3).")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
[As an amendment to Amendment 76]
 
76A     Line 6, after ("vary") insert ("upwards") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
77     Page 30, line 18, after ("made") insert ("in writing") 
78     Page 30, line 19, at end insert (", and
    (c)  unless already provided for by the requirements of the CAC pursuant to sub-paragraph (a), it fully states the grounds of the application.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
79     Page 30, leave out lines 20 to 28 and insert--
 
    ("(2)  An application which is made by a union (or unions) to the CAC is not admissible 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 is not admissible 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.")
 
80     Page 30, line 44, after ("day") insert ("after that on which") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
81     Page 31, line 7, after ("effect") insert (", subject to the provisions of this paragraph,") 
82     Page 31, line 8, at end insert--
 
    ("(3A)  For the purposes of this Part of this Schedule, all or part of a method falling within sub-paragraph (3) or any other instrument or agreement to which sub-paragraph (3) or (4) applies shall not have legally enforceable effect to the extent that the parties provide in writing, however their provision is expressed.")
 
83     Page 31, line 14, at end insert--
 
    ("(4A)  The parties may make a written agreement to which sub-paragraph (4) applies and provide, however expressed, that a designated part of that agreement is (or designated parts are) not legally binding.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
84     Page 31, line 21, leave out ("28") and insert ("20 working") 
85     Page 31, line 22, after ("acceptance") insert ("of") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
86     Page 31, line 23, at end insert--
 
    ("  . This part of this Schedule shall not apply to any agreement made by an employer and a union (or unions) prior to the passing of this Act to the extent that such agreement is inconsistent with the provisions of this Part, in which case the prior agreement shall prevail and paragraph 38(a) shall be construed accordingly.")
 
86A     Page 31, line 36, at end insert--
 
    ("(  )  If there is a voluntary agreement, any dispute concerning its interpretation or either party's performance thereof shall be resolved in such forum or by such other arbitrator as the employer and the union shall mutually agree from time to time, and in default of such agreement, by ACAS and not the CAC.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
87     Page 32, line 23, leave out ("there is prima facie evidence") and insert ("it is likely") 
88     Page 32, line 46, after ("day") insert ("after that on which") 
89     Page 33, line 5, leave out ("(the new unit) which differs") and insert ("or units (the new unit or units) differing") 
90     Page 33, line 7, at end insert--
 
    ("(1A)  If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.")
 
91     Page 33, leave out line 8 and insert ("If sub-paragraph (1A) does not apply--") 
92     Page 33, line 11, at end insert ("or units") 
93     Page 33, line 12, at beginning insert ("so far as it affects workers in the new unit (or units) who fall within the original unit,") 
94     Page 33, line 16, after ("unit") insert ("or units") 
95     Page 33, line 23, at end insert--
 
    ("(4)  An outside bargaining unit is a bargaining unit which fulfils these conditions--
    (a)  it is not the original unit;
    (b)  a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;
    (c)  the union (or at least one of the unions) is not a party referred to in paragraph 44 or 45.")
 
96     Page 33, line 27, leave out ("which differs") and insert ("or units differing") 
97     Page 33, line 32, leave out ("appropriate or that no other unit is") and insert ("or units are") 
98     Page 33, line 44, leave out ("whether another bargaining unit is appropriate, and what the unit is,") and insert ("what other bargaining unit is or units are appropriate") 
99     Page 33, line 46, after ("unit") insert ("or units") 
100     Page 34, line 6, at end insert --
 
    ("(5A)  If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.")
 
101     Page 34, line 14, leave out ("in relation to the application under paragraph 47") 
102     Page 34, leave out lines 15 to 22 
103     Page 34, line 25, after ("is") insert ("(or units which are)") 
104     Page 34, line 25, at end insert --
 
    ("54A.--(1) This paragraph applies if --
    (a)  the parties agree under paragraph 50 a bargaining unit or units differing from the original unit,
    (b)  paragraph 50(1A) does not apply, and
    (c)  at least one worker falling within the original unit does not fall within the new unit (or any of the new units).
    (2)  In such a case --
    (a)  the CAC must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), 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.")
 
105     Page 34, leave out lines 27 to 30 and insert--
 
    ("(1)  If the employer--
    (a)  believes that the original unit has ceased to exist, and
    (b)  wishes the bargaining arrangements to cease to have effect,
he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the CAC.")
 
106     Page 34, line 37, after ("day") insert ("after that") 
107     Page 34, leave out lines 39 to 41 and insert--
 
    ("(3)  Within the validation period the CAC must decide whether the notice complies with sub-paragraph (2).
 
    (4)  If the CAC decides that the notice does not comply with sub-paragraph (2)--
    (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.
    (5)  If the CAC decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.
 
    (6)  The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if--
    (a)  the CAC gives notice under sub-paragraph (5), and
    (b)  the union does not (or unions do not) apply to the CAC under paragraph 56.
    (7)  The validation period is--
    (a)  the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
    (b)  such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.")
 
108     Page 34, line 43, leave out ("a notice is given which purports to be given under paragraph 55") and insert ("the CAC gives notice under paragraph 55(5)") 
109     Page 34, line 44, after ("day") insert ("after that") 
110     Page 34, line 46, leave out ("one or more of") 
111     Page 35, leave out line 2 
112     Page 35, line 27, after ("day") insert ("after that on which") 
113     Page 35, line 33, leave out ("question or") 
114     Page 35, line 35, leave out ("question or") 
115     Page 35, leave out lines 37 to 40 
116     Page 35, line 41, leave out ("that the employer's notice is given in accordance with paragraph 55 and") 
117     Page 35, line 46, leave out ("that the employer's notice is given in accordance with paragraph 55,") 
118     Page 35, line 47, leave out ("there is no evidence") and insert ("it is not the case") 
119     Page 36, line 2, leave out ("that the employer's notice is given in accordance with paragraph 55,") 
120     Page 36, line 3, leave out ("there is prima facie evidence that") 
121     Page 36, line 8, after ("day") insert ("after that on which") 
122     Page 36, line 17, leave out ("(the new unit) which differs") and insert ("or units (the new unit or units) differing") 
123     Page 36, line 19, at end insert--
 
    ("(1A)  If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.")
 
124     Page 36, leave out line 20 and insert ("If sub-paragraph (1A) does not apply--") 
125     Page 36, line 23, at end insert ("or units") 
126     Page 36, line 24, at beginning insert ("so far as it affects workers in the new unit (or units) who fall within the original unit,") 
127     Page 36, line 28, after ("unit") insert ("or units") 
128     Page 36, line 35, at end insert--
 
    ("(4)  An outside bargaining unit is a bargaining unit which fulfils these conditions--
    (a)  it is not the original unit;
    (b)  a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;
    (c)  the union (or at least one of the unions) is not a party referred to in paragraph 44 or 45.")
 
129     Page 36, line 39, leave out ("which differs") and insert ("or units differing") 
130     Page 36, line 40, leave out from beginning to end of line 4 on page 37 and insert--
 
    ("(2)  During the second period the CAC--
    (a)  must decide what other bargaining unit is or units are appropriate;
    (b)  must give notice of its decision to the parties.")
 
 
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Prepared 7 June 1999