The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

This section has no associated Explanatory Memorandum

1.  An agreement is a workforce agreement for the purposes of these Regulations if the following conditions are satisfied—

(a)the agreement is in writing;

(b)the agreement has effect for a specified period not exceeding five years;

(c)the agreement applies either—

(i)to all of the relevant members of the workforce, or

(ii)to all of the relevant members of the workforce who belong to a particular group;

(d)the agreement is signed—

(i)in the case of an agreement of the kind referred to in sub-paragraph (c)(i)—

(aa)by the representatives of the workforce, or

(bb)if the employer employed 20 or fewer individuals on the date on which the agreement was first made available for signature, the majority of the individuals employed by the employer; or

(ii)in the case of an agreement of the kind referred to in sub-paragraph (c)(ii)—

(aa)by the representatives of the group to which the agreement applies (excluding, in either case, any representative not a relevant member of the workforce on the date on which the agreement was first made available for signature), or

(bb)if the employer employed 20 or fewer individuals on the date on which the agreement was first made available for signature, the majority of the individuals employed by the employer; and

(e)before the agreement was made available for signature, the employer provided all the employees to whom it was intended to apply on the date on which it came into effect with copies of the text of the agreement and such guidance as those employees might reasonably require in order to understand it in full.