The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005

Article 4

SCHEDULE

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 1948(1)	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 1996(2)	For all purposes
Employment Rights Act 1996	For all purposes
Employment Act 2002(3)	For all purposes

(1)

1948 c. 47.

(2)

1996 c. 17.

(3)

2002 c. 22.