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)
70(1)This paragraph applies if—E+W+S
(a)the CAC gives notice of acceptance of the application, and
(b)the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.
(2)During the second period—
(a)the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit;
(b)if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;
(c)the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b).
(3)In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters—
(a)any change in the organisation or structure of the business carried on by the employer;
(b)any change in the activities pursued by the employer in the course of the business carried on by him;
(c)any substantial change in the number of workers employed in the original unit.
(4)In deciding what other bargaining unit is or units are appropriate the CAC must take these matters into account—
(a)the need for the unit or units to be compatible with effective management;
(b)the matters listed in sub-paragraph (5), so far as they do not conflict with that need.
(5)The matters are—
(a)the views of the employer and of the union (or unions);
(b)existing national and local bargaining arrangements;
(c)the desirability of avoiding small fragmented bargaining units within an undertaking;
(d)the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;
(e)the location of workers.
(6)If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.
(7)The second period is—
(a)the period of 10 working days starting with the day after that on which the first period ends, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.