Section 70ZF — Trade Union and Labour Relations (Consolidation) Act 1992: Determinations by the Central Arbitration Committee: further provision

Determinations by the Central Arbitration Committee: further provision 70ZF 1 Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.

2 The access principles are—

a officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;

b an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;

c physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;

d communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;

e access should be refused entirely only where it is reasonable in all the circumstances to do so.

3 The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—

a would not unreasonably interfere with an employer’s business;

b would constitute reasonable steps that an employer should take to facilitate access;

c it would be reasonable for a union to comply with.

4 The Secretary of State may prescribe—

a circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;

b circumstances in which the Central Arbitration Committee must make such a determination.

5 The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—

a the description of business carried on by the employer;

b the number of workers employed by the employer;

c the number of workers employed by the employer, or of a particular description, that are members of the union;

d a description of workplace;

e a description of workers;

f the ability of the employer to facilitate access;

g avoiding prejudice to the prevention or detection of offences;

h national security.

6 The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.