Employment Relations Bill — '9. Compensatory award: removal of limit in certain cases — 31 Mar 1999
I beg to move amendment No. 152, in page 28, line 30, at end insert--
'(1A) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if--
(a) the union does not have a certificate under section 6 that it is independent,
(b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and
(c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.
(1B) It is for the CAC to decide whether one group of workers is the same or substantially the same as another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.'
Amendment agreed to.
Amendments made: No. 167, in page 29, line 12, at end insert--
Amendments made: No. 154, in page 71, line 49, leave out from 'shall' to second 'the' in line 50 and insert '--
(a) make such enquiries as he thinks fit, and
(b) give the applicant and the trade union an opportunity to be heard.
(2AA) Where'.
No. 155, in page 72, line 13, at end insert--
'(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 156, in page 72, line 25, at end insert--
'(1A) In subsection (2) (Certification Officer's powers and duties) insert before paragraph (a)--
"(aa) shall make such enquiries as he thinks fit,".
No. 157, in page 73, line 6, at end insert--
'(6A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 164, in page 73, line 15, leave out 'this Chapter' and insert
'section 25, 31 or 45C'.
No. 158, in page 75, line 11, at end insert--
'(5A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 159, in page 76, line 44, at end insert--
'Political fund
16A.--(1) Section 82 (rules as to political fund) shall be amended as follows.
(2) After subsection (2) insert--
"(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit."
(3) After subsection (3) insert--
"(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date." '
No. 160, in page 76, line 46, leave out from beginning to end of line 47 and insert--
'Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows.
(2) After subsection (2) insert--
"(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit."
(3) After subsection (5) insert--
Amendments made: No. 52, in page 80, line 16, at end insert--
'A1. Ballots and Notices
Chapter Short title Extent of repeal
1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In section 226(2) the word "and" at the end of paragraph (b). Section 227(2).
In section 234A(7)(a) the words "otherwise than to enable the union to comply with a court order or an undertaking given to a court".'.
No. 64, in page 81, leave out lines 27 and 28.
No. 56, in page 82, leave out lines 13 and 14.
No. 65, in page 85, line 23, at end insert--
Chapter Short title Extent of repeal
1996 c. 18. Employment Rights Act 1996. In section 112(4), the words "or in accordance with regulations under section 127B".
In section 117(2) and (3), the words "and to regulations under section 127B".
In section 118(1), the words "Subject to regulations under section 127B,".
Section 127B.
1998 c. 23. Public Interest Disclosure Act 1998. Section 8.
Section 18(4)(b).'
-- [Mr. Pope.]
Order for Third Reading read.
I beg to move, That the Bill be now read the Third time.
It is an historic occasion. I am delighted that I will joined shortly by the Minister of State, Department of Trade and Industry, my right hon. Friend the Member for Makerfield (Mr. McCartney), who has been absent from illness.
The Bill establishes and fosters a new culture in the workplace, removing the outdated notion of conflict between employers and employees with a sense of new partnership--a partnership of rights matched by responsibilities. It will address the fundamental imbalance in the workplace that we inherited from the Conservative party.
Now more than ever, we need to foster a new culture in the workplace. The world is dramatically changing and the workplace has changed with it. More people are working part-time and on temporary contracts. More women than ever are working. More families depend on two earners. Those new working patterns put new responsibilities on Government, business and employees.
31 Mar 1999 : Column 1198
Question put, That the Bill be now read the Third time:--
The House divided: Ayes 328, Noes 124.
Party Summary
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
| Party | Majority (Aye) | Minority (No) | Both | Turnout |
| Con | 0 | 124 (+2 tell) | 0 | 77.8% |
| Independent | 2 | 0 | 0 | 100.0% |
| Lab | 311 (+2 tell) | 0 | 0 | 75.4% |
| LDem | 12 | 0 | 0 | 26.1% |
| SNP | 2 | 0 | 0 | 33.3% |
| UUP | 1 | 0 | 0 | 10.0% |
| Total: | 328 | 124 | 0 | 71.1% |
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