Section 47: Application for agency shop orders

47. Application for agency shop orders (1) Where an employer refuses to enter into an agreement for an agency fee under section 46, a recognised trade union of workers or a joint negotiating panel may make an application to the Tribunal for an order in its favour requiring the employer to deduct an agency fee from the wages of workers in a bargaining unit who are not members of the trade union. (2) The Tribunal shall, before making an agency shop order, have regard to the material circumstances surrounding the application and shall make such order as it deems fit. (3) The order under subsection (2) shall specify— (a) the bargaining unit; (b) the duration of the payment of the agency fee; (c) the name and address of the trade union or the joint negotiating panel and the employer against whom the application is made; and E9A – 29 [Issue 2] Employment Relations Act (d) the total amount deductible monthly as agency fees, being an amount which shall not exceed the monthly trade union fees. (4) In the case of a joint negotiating panel, the agency fees shall be shared equally among the trade unions. (5) Any application made under subsection (1) shall be determined within 30 days of the date of receipt of the application. (6) The Tribunal may extend the period specified in subsection (5), where the circumstances so require, at the request of the applicant.