Regulation 13 Overlapping access arrangements

(1)

This regulation applies where the CAC considers that a determination that officials of the union are to have access is likely to result in overlapping access arrangements.

(2)

For the purposes of paragraph (1) overlapping access arrangements occur where—

(a)

one or more of paragraphs (3), (4) and (5) applies; and

(b)

at least one worker who is within the scope of the access request is also within the scope of the—

(i)

recognition referred to in paragraph (3);

(ii)

request described in paragraph (4); or

(iii)

access agreement described in paragraph (5).

(3)

This paragraph applies where the employer recognises^f1 a qualifying trade union but does not recognise the union which made the access request.

(4)

This paragraph applies where—

(a)

the employer has received a valid request, in accordance with paragraphs 5 to 8 in Part 1 (Recognition) of Schedule A1 (Collective Bargaining Recognition) to the 1992 Act, seeking recognition under paragraph 4 of that Schedule; and

(b)

there are further steps^f2 that can be taken under Part 1 of Schedule A1 to the 1992 Act in respect of the request seeking recognition, or any application to the CAC which relates to that request.

(5)

This paragraph applies where the employer has an access agreement with a qualifying trade union.

(6)

For the purposes of paragraph (2)(b) a worker is within the scope of—

(a)

an access request referred to in the opening words of paragraph (2)(b), where the access purpose^f3 of the access requested indicates (or, as the case may be, the access purposes of the access requested indicate) that the access agreement sought would provide for communication between the union and that worker;

(b)

the recognition referred to in paragraph (2)(b)(i), where the worker is within a bargaining unit which is the subject of that recognition;

(c)

the request referred to in paragraph (2)(b)(ii), where the worker is within the proposed bargaining unit identified in that request;

(d)

the access agreement referred to in paragraph (2)(b)(iii), where that access agreement provides for communication between the union and that worker.

(7)

For the purposes of this regulation the reference to—

(a)

“bargaining unit” in paragraph (6)(b) is to the group of workers (or the groups taken together) to which the agreement for recognition to which paragraph (3) applies relates;

(b)

“proposed bargaining unit” in paragraph (6)(c) is to the group of workers (or the groups taken together) to which the request for recognition to which paragraph (4) applies relates.

Annotations

Footnotes

f1: Section 178(3) of the 1992 Act defines recognition, in relation to a trade union, as meaning the recognition of the union by an employer, or two or more associated employers, to any extent, for the purpose of collective bargaining; and “recognised” and other related expressions shall be construed accordingly.
f2: There are references to “further steps” in paragraphs 10(1), 10(4), 14(10), 15(4)(c), 16(2)(b) and 17(2) of Part 1 of Schedule A1 to the 1992 Act.
f3: See section 70ZA(6) of the 1992 Act for the definition of “access purposes”.