The following Employment practice note provides comprehensive and up to date legal information covering:
Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or more of the following:
terms and conditions of employment, or the physical conditions in which any workers are required to work
engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers
allocation of work or the duties of employment between workers or groups of workers
matters of discipline
a worker’s membership or non-membership of a trade union
facilities for officials of trade unions
machinery for negotiation or consultation, or other procedures, relating to any of the above matters, including the recognition by employers of the right of a trade union to represent workers in such negotiation, consultation or other procedures
A collective agreement will be conclusively presumed not to have been intended by the union and the employer to be a legally enforceable contract unless it:
is in writing, and
contains a provision (however expressed) indicating that the parties intend it to be legally enforceable
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
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