Textual Amendments
F1Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)
Modifications etc. (not altering text)
C1Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
C2Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
35(1)An application under paragraph 11 or 12 is not admissible if the CAC is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.E+W+S
(2)But sub-paragraph (1) does not apply to an application under paragraph 11 or 12 if—
(a)the union (or unions) recognised under the collective agreement and the union (or unions) making the application under paragraph 11 or 12 are the same, and
(b)the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not include [F2all of the following: pay, hours and holidays (“the core topics”) ].
(3)A declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect to the extent specified in paragraph 83(2) on the making of the declaration under paragraph 83(2).
(4)In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if—
(a)the union does not have (or none of the unions has) a certificate [F3of independence],
(b)at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and
(c)the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.
(5)It is for the CAC to decide whether one group of workers is the same or substantially the same as another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.
(6)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).
Textual Amendments
F2Words in Sch. A1 para. 35(2)(b) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 11, 59(2)-(4); S.I. 2004/872, art. 4, Sch. (with arts. 6-21)
F3Words in Sch. A1 para. 35(4)(a) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(6), 59(2)-(4), S.I. 2005/872, {art. 4}, Sch. (with arts. 6-21)