Section 70ZK — Trade Union and Labour Relations (Consolidation) Act 1992: Enforcement of access agreements: supplementary provision

Enforcement of access agreements: supplementary provision 70ZK 1 An access agreement—

a is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

b in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

2 Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

3 A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

4 In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

a may make such enquiries as it sees fit;

b may make reasonable requests to provide information or documents relevant to the complaint;

c so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

5 The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.