SCHEDULE 3Transitional, supplementary and saving provisions

PART 3TRANSFER OF FUNCTIONS ETC

Collective agreements

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1

This paragraph applies where a collective agreement made by or on behalf of the Auditor General satisfies the conditions specified in sub-paragraph (2).

2

The conditions are that the agreement—

a

existed at the time of the transfer mentioned in paragraph 5(1),

b

was made with a trade union recognised by the Auditor General, and

c

applied in respect of an employee whose employment transferred under paragraph 5(1) (“a transferred employee”).

3

After the transfer mentioned in paragraph 5(1)—

a

the agreement, in its application to a transferred employee, is to have effect as if made with the trade union by or on behalf of the WAO, and

b

anything done before the transfer under or in connection with the agreement in respect of a transferred employee by or in relation to the Auditor General is to be treated as having been done by or in relation to the WAO.

4

Nothing in this paragraph prejudices the application of sections 179 and 180 of the 1992 Act (collective agreements presumed to be unenforceable in specified circumstances) to the agreement.

5

In this paragraph—

  • “collective agreement” has the same meaning as in the 1992 Act,

  • “recognised” has the meaning given in section 178(3) of the 1992 Act,

  • “trade union” has the same meaning as in the 1992 Act, and

  • “1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.