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)
14(1)This paragraph applies if—E+W+S
(a)two or more relevant applications are made,
(b)at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and
(c)the CAC has not accepted any of the applications.
(2)A relevant application is an application under paragraph 11 or 12.
(3)In relation to a relevant application, the relevant bargaining unit is—
(a)the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
(b)the agreed bargaining unit, where the application is under paragraph 12(4).
(4)Within the acceptance period the CAC must decide, with regard to each relevant application, whether the 10 per cent test is satisfied.
(5)The 10 per cent test is satisfied if members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit.
(6)The acceptance period is—
(a)the period of 10 working days starting with the day after that on which the CAC receives the last relevant application, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(7)If the CAC decides that—
(a)the 10 per cent test is satisfied with regard to more than one of the relevant applications, or
(b)the 10 per cent test is satisfied with regard to none of the relevant applications,
the CAC must not accept any of the relevant applications.
(8)If the CAC decides that the 10 per cent test is satisfied with regard to one only of the relevant applications the CAC—
(a)must proceed under paragraph 15 with regard to that application, and
(b)must not accept any of the other relevant applications.
(9)The CAC must give notice of its decision to the parties.
(10)If by virtue of this paragraph the CAC does not accept an application, no further steps are to be taken under this Part of this Schedule in relation to that application.