Regulation 14 Multiple access requests

(1)

This regulation applies where, in addition to the access request^f1 which is the subject of the application referred to in regulation 12(1), there is at least one access request to which both paragraphs (2) and (3) apply.

(2)

This paragraph applies if—

(a)

the access request is made to the same employer as the access request which is the subject of the application referred to in regulation 12(1); and

(b)

at least one worker who is within scope of the access request is also within scope of the access request that is the subject of the application referred to in regulation 12(1).

(3)

This paragraph applies if the access request is outstanding.

(4)

An access request is outstanding unless one or more of the following occur in respect of that request—

(a)

an access agreement is entered into under section 70ZD of the 1992 Act;

(b)

the period prescribed for the purposes of section 70ZE(5)(b) of the 1992 Act ends without an application for a determination under section 70ZE of the 1992 Act having been made;

(c)

the CAC makes a determination under section 70ZE(2)^f2 of the 1992 Act.

(5)

For the purposes of paragraph (2)(b) a worker is within the scope of an access request where the access purpose 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.

Annotations

Footnotes

f1: See section 70ZB(6) of the 1992 Act for the definition of “access request”.
f2: Section 70ZE(2) provides that the CAC can make a determination that officials of the union are or are not to have access.