Valid from 06/06/2000
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)
19(1)This paragraph applies if—
(a)the CAC accepts an application under paragraph 11(2) or 12(2), and
(b)the parties have not agreed an appropriate bargaining unit at the end of the appropriate period.
(2)The CAC must decide the appropriate bargaining unit within—
(a)the period of 10 working days starting with the day after that on which the appropriate period ends, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(3)In deciding the appropriate bargaining unit the CAC must take these matters into account—
(a)the need for the unit to be compatible with effective management;
(b)the matters listed in sub-paragraph (4), so far as they do not conflict with that need.
(4)The matters are—
(a)the views of the employer and of the union (or unions);
(b)existing national and local bargaining arrangements;
(c)the desirability of avoiding small fragmented bargaining units within an undertaking;
(d)the characteristics of workers falling within the proposed bargaining unit and of any other employees of the employer whom the CAC considers relevant;
(e)the location of workers.
(5)The CAC must give notice of its decision to the parties.