The following Employment guidance note provides comprehensive and up to date legal information covering:
Collective agreements are agreements negotiated between trade unions and employers or employers' associations.
A collective agreement will be enforceable between the union and the employer if it is in writing and contains a provision (however expressed) indicating that the parties intend it to be legally enforceable.
This rule applies to collective agreements only where they relate to:
terms and conditions of employment, or the physical conditions of work
engagement or non-engagement, or termination or suspension of employment or duties of employment
allocation of work or duties
membership of a trade union
facilities for trade union officials
machinery for negotiation or consultation
An exception to these requirements is where the Central Arbitration Committee issues a statutory declaration that a union is recognised as entitled to conduct collective bargaining on behalf of a particular bargaining unit of workers (see para 31 of Schedule A1 of TULR(C)A 1992), and a collective agreement is reached between union and employer as to the method by which collective bargaining is to be conducted (see Practice Note: Reference to Central Arbitration Committee). In such circumstances, the collective agreement has effect as if contained in a legally enforceable contract.
Harvey NI–: Primary effect
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