Section 41: Access to information

41. Access to information (1) Where an employer is engaged in collective bargaining with a recognised trade union or a joint negotiating panel, either party shall provide to the other party all relevant information required for the purposes of collective bargaining. (2) A request made for the purposes of subsection (1) shall— (a) be in writing; (b) specify the nature of the information requested in sufficient detail to enable the information to be identified; (c) specify a reasonable time within which the information is to be provided. (3) No party shall be required to disclose information that— (a) is prohibited to be released by law or by order of any court; (b) may cause prejudice to the interests of the enterprise or to a worker; (c) is personal information relating to the privacy of a worker, unless the worker consents to the disclosure of that information. (4) Where any party refuses to provide information under this section, the other party may apply to the Tribunal for an order and the Tribunal shall, where it is satisfied that the information requested does not fall within the purview of subsection (3), make such order requiring that the information be provided. (5) An application made under subsection (4) shall be determined within 30 days of the date of receipt of the application. (6) Any information provided under this section shall be used only for the purposes of collective bargaining, unless otherwise agreed by the parties. (7) Any party shall comply with an order of the Tribunal under subsection (4) within 14 days of the date of the order.