Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART IV, DERECOGNITION: GENERAL - continued
Introduction - continued

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     77. For the purposes of this Part of this Schedule the relevant date is the date of the expiry of the period of 3 years starting with-
 
 
    (a) the date of the CAC's declaration (where this Part applies by virtue of paragraph 75);
 
    (b) the date of the parties' agreement mentioned in paragraph 76(1)(a) (where this Part applies by virtue of paragraph 76).
     78. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
 
 
Employer employs fewer than 21 workers
     79. - (1) This paragraph applies if-
 
 
    (a) the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and
 
    (b) that period ends on or after the relevant date.
      (2) If the employer 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 (3) and must give a copy of the notice to the CAC.
 
      (3) A notice complies with this sub-paragraph if it-
 
 
    (a) identifies the bargaining arrangements,
 
    (b) specifies the period of 13 weeks in question,
 
    (c) states the date on which the notice is given,
 
    (d) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,
 
    (e) states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and
 
    (f) 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 35 working days starting with the day after that on which the notice is given.
      (4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks-
 
 
    (a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
 
    (b) aggregate the 13 numbers;
 
    (c) divide the aggregate by 13.
      (5) For the purposes of sub-paragraph (1)(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.
 
      (6) For the purposes of sub-paragraph (5) 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.
      (7) An order made under paragraph 6(6) may also-
 
 
    (a) provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 81 to 83 are not to apply, or are not to apply in specified circumstances, or
 
    (b) vary the number of workers for the time being specified in sub-paragraphs (1)(b) and (3)(e).
     80. - (1) Within the validation period the CAC must decide whether the notice complies with paragraph 79(3).
 
      (2) If the CAC decides that the notice does not comply with paragraph 79(3)-
 
 
    (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.
      (3) If the CAC decides that the notice complies with paragraph 79(3) it must give the parties notice of the decision.
 
      (4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 79(3)(f) if-
 
 
    (a) the CAC gives notice under sub-paragraph (3), and
 
    (b) the union does not (or unions do not) apply to the CAC under paragraph 81.
      (5) 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.
     81. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice under paragraph 80(3), and
 
    (b) within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the CAC for a decision whether the period of 13 weeks specified under paragraph 79(3)(b) ends on or after the relevant date and whether the statement made under paragraph 79(3)(e) is correct.
      (2) An application is not admissible unless-
 
 
    (a) it is made in such form as the CAC specifies, and
 
    (b) it is supported by such documents as the CAC specifies.
      (3) An application 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.
     82. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 81.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 81.
 
      (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,
 
    (c) no further steps are to be taken under this Part of this Schedule, and
 
    (d) the bargaining arrangements shall cease to have effect on the date specified under paragraph 79(3)(f).
      (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 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.
     83. - (1) If the CAC accepts an application it-
 
 
    (a) must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 79(3)(b) ends on or after the relevant date and whether the statement made under paragraph 79(3)(e) is correct;
 
    (b) must decide the questions within the decision period and must give reasons for the decision.
      (2) If the CAC decides that the period of 13 weeks specified under paragraph 79(3)(b) ends on or after the relevant date and that the statement made under paragraph 79(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.
 
      (3) If the CAC decides that the period of 13 weeks specified under paragraph 79(3)(b) does not end on or after the relevant date or that the statement made under paragraph 79(3)(e) is not correct, the notice under paragraph 79 shall be treated as not having been given.
 
      (4) The decision period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of 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) The termination date is the later of-
 
 
    (a) the date specified under paragraph 79(3)(f), and
 
    (b) the day after the last day of the decision period.
 
Employer's request to end arrangements
     84. - (1) This paragraph and paragraphs 85 to 90 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements.
 
      (2) The request is not valid unless it-
 
 
    (a) is in writing,
 
    (b) is received by the union (or each of the unions),
 
    (c) identifies the bargaining arrangements, and
 
    (d) states that it is made under this Schedule.
     85. - (1) If before the end of the first period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule.
 
      (2) Sub-paragraph (3) applies if before the end of the first period-
 
 
    (a) the union informs the employer that the union does not accept the request but is willing to negotiate, or
 
    (b) the unions inform the employer that the unions do not accept the request but are willing to negotiate.
      (3) The parties may conduct negotiations with a view to agreeing to end the bargaining arrangements.
 
      (4) If such an agreement is made before the end of the second period no further steps are to be taken under this Part of this Schedule.
 
      (5) The employer and the union (or unions) may request ACAS to assist in conducting the negotiations.
 
      (6) The first period is the period of 10 working days starting with the day after-
 
 
    (a) the day on which the union receives the request, or
 
    (b) the last day on which any of the unions receives the request.
      (7) The second period is-
 
 
    (a) the period of 20 working days starting with the day after that on which the first period ends, or
 
    (b) such longer period (so starting) as the parties may from time to time agree.
     86. - (1) This paragraph applies if-
 
 
    (a) before the end of the first period the union fails (or unions fail) to respond to the request, or
 
    (b) before the end of the first period the union informs the employer that it does not (or unions inform the employer that they do not) accept the request (without indicating a willingness to negotiate).
      (2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
 
     87. - (1) This paragraph applies if -
 
 
    (a) the union informs (or unions inform) the employer under paragraph 85(2), and
 
    (b) no agreement is made before the end of the second period.
      (2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
 
      (3) But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 85(2) the union proposes (or unions propose) that ACAS be requested to assist in conducting the negotiations and-
 
 
    (a) the employer rejects the proposal, or
 
    (b) the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.
 
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Prepared 17 June 1999