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The Trade Union and Labour Relations (Northern Ireland) Order 1995

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Changes over time for: Cross Heading: Workers' application to end arrangements

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Workers' application to end arrangementsN.I.

112.—(1) A worker or workers falling within the bargaining unit may after the relevant date apply to the Court to have the bargaining arrangements ended.N.I.

(2) An application is not admissible unless—

(a)it is made in such form as the Court specifies, and

(b)it is supported by such documents as the Court specifies.

(3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions)—

(a)notice of the application, and

(b)a copy of the application and any documents supporting it.

113.—(1) An application under paragraph 112 is not admissible if—N.I.

(a)a relevant application was made[F1, or a notice under paragraph 99(2) was given,] within the period of 3 years prior to the date of the application under paragraph 112,

(b)the relevant application[F1, or notice under paragraph 99(2),] and the application under paragraph 112 relate to the same bargaining unit, and

(c)the Court accepted the relevant application[F1 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.

114.—(1) An application under paragraph 112 is not admissible unless the Court decides that—N.I.

(a)at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and

(b)a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.

(2) The Court must give reasons for the decision.

115.—(1) The Court must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 112.N.I.

(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 112 to 114.

(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.

(4) If the Court decides that the application is not admissible—

(a)the Court must give notice of its decision to the worker (or workers), the employer and the union (or unions),

(b)the Court must not accept the application, and

(c)no further steps are to be taken under this Part.

(5) If the Court decides that the application is admissible it must—

(a)accept the application, and

(b)give notice of the acceptance to the worker (or workers), the employer and the union (or unions).

(6) The acceptance period is—

(a)the period of 10 working days starting with the day after that on which the Court receives the application, or

(b)such longer period (so starting) as the Court may specify to the worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension.

116.—(1) If the Court accepts the application, in the negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to—N.I.

(a)the employer and the union (or unions) agreeing to end the bargaining arrangements, or

(b)the worker (or workers) withdrawing the application.

(2) The negotiation period is—

(a)the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b)such longer period (so starting) as the Court may decide with the consent of the worker (or workers), the employer and the union (or unions).

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