109.—(1) An application under paragraph 106 or 107 is not admissible if—N.I.
(a)a relevant application was made[F2, or a notice under paragraph 99(2) was given,] within the period of 3 years prior to the date of the application under paragraph 106 or 107,
(b)the relevant application[F2, or notice under paragraph 99(2),] and the application under paragraph 106 or 107 relate to the same bargaining unit, and
(c)the Court accepted the relevant application[F2 or (as the case may be) decided under paragraph 100 that the notice complied with paragraph 99(3)].
(2) A relevant application is an application made to the Court—
Sub-para. (a) rep. by 2004 NI 19
(b)by the employer under paragraph 106, 107 or 128, or
(c)by a worker (or workers) under paragraph 112.