Section 48: Effect of agency shop orders or agency shop agreements
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
48. Effect of agency shop orders or agency shop agreements
(1) Notwithstanding any other enactment, where an agency shop agreement or order is in force—
(a) all workers in the employment of the employer against whom the
application is made, shall pay the agency fee specified in the
agreement or order;
(b) the agency shop agreement or order shall be binding on the employer who shall—
(i) deduct the agency fee specified in the agency shop agreement or order from the wages of his workers comprised in
the bargaining unit specified in the agreement or order; and
(ii) pay to the trade union concerned the union’s share specified in the agreement or order.
(2) Where an agency shop order or agreement is in force, the trade union
or the joint negotiating panel shall represent every worker comprised in the
bargaining unit specified in the agency shop order or agreement in any dispute in which the worker is concerned, whether or not the worker is a member of the trade union.
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Questions this section answers
- Does an agency shop order bind every worker in the bargaining unit, even non-members?