Paragraph 25 I1I2

After paragraph 40 insert—

“40A

(1)

This paragraph applies if the CAC issues a declaration under paragraph 81E(5), 81J(5) or 29(4) (where it applies by virtue of paragraph 89(5)) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.

(2)

An application under paragraph 11 or 12 is not admissible if—

(a)

the application is made within the period of 3 years starting with the day after the day on which the declaration was issued,

(b)

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c)

the application is made by the union (or unions) which made the application leading to the declaration.

(3)

The relevant bargaining unit is—

(a)

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

(b)

the agreed bargaining unit, where the application is under paragraph 12(4).”