SCHEDULE

Article 4

PROVISIONS OF THE EMPLOYMENT RELATIONS ACT 2004 COMING INTO FORCE ON 6th APRIL 2005

Provisions of the Act

Purpose

Section 1 (application for decision on whether proposed bargaining unit is appropriate)

For all purposes

Section 2 (power of the CAC to end period for agreement on bargaining unit)

For all purposes

Section 3 (duty of employer to supply information to union)

For all purposes

Section 4 (determination of appropriate bargaining unit)

For all purposes

Section 5 (union communications with workers after acceptance of application)

For all purposes

Section 6 (circumstances in which the CAC must arrange a ballot)

For all purposes

Section 7 (power of the CAC to extend notification period)

For all purposes

Section 8 (postal votes for workers absent from ballot at workplace)

For all purposes

Section 11 (application where agreement does not cover pay, hours and holidays)

For all purposes

Section 12 (employer’s notice to end bargaining arrangements)

For all purposes

Section 14 (appeals against demands for costs)

For all purposes

Section 16 (means of communicating with workers)

For all purposes

Section 17 (unfair practices: power to make provision about periods before notice of ballot)

For all purposes

Section 19 (information about union membership and employment in bargaining unit)

For all purposes

Section 20 (“pay” and other matters subject to collective bargaining)

For all purposes

Section 21 (information required by ACAS for ballots and ascertaining union membership)

For all purposes

Section 23 (entitlement to vote in ballot on industrial action)

For all purposes

Section 24 (inducement of members not accorded entitlement to vote)

For all purposes

Section 26 (dismissal where employees taking protected industrial action locked out)

For all purposes

Section 27 (date of dismissal)

For all purposes

Section 28 (dismissal after end of protected period)

For all purposes

Section 35 (disapplication of qualifying period and upper age limit for unfair dismissal)

For all purposes

Section 40 (protection of employees in respect of jury service)

For all purposes

Section 41 (flexible working)

For all purposes

Section 44 (information supplied by worker and employer)

For all purposes

Section 45 (enforcement notices)

For all purposes

Section 46 (withdrawal and replacement of, and appeals against, notices)

For all purposes

Section 47 (enforcement officers for agricultural wages legislation)

For all purposes

Section 48 (striking out by Certification Officer of applications or complaints)

For all purposes

Section 49 (restriction of proceedings orders: proceedings before Certification Officer)

For all purposes

Section 50 (amalgamations: approval, listing and certification)

For all purposes

Section 51 (restriction on grounds of appeal from Certification Officer)

For all purposes

Section 52 (additional case in which election for president of union not required)

For all purposes

Section 53 (removal of rule preventing appointment of body corporate as auditor)

For all purposes

Section 55 (provision of money for trade union modernisation)

For all purposes

Section 57 (minor and consequential amendments and repeals)

For the purposes of the provisions of Schedules 1 and 2 brought into force by this Order

In Schedule 1 (minor and consequential amendments) -

paragraphs 1-7, 13-15, 19, 22, 23 (with the exception of paragraph 23(22) and (23)), 28-30, 32-41

For all purposes

In Schedule 2 (repeals) the entries relating

to the –

Agricultural Wages Act 19485

For all purposes

Trade Union and Labour Relations

(Consolidation) Act 1992 (all remaining entries with the exception of sections 226A, 234A and paragraph 119(3) of Schedule A1)

For all purposes

Employment Tribunals Act 19966

For all purposes

Employment Rights Act 1996

For all purposes

Employment Act 20027

For all purposes