Section 56: Application of collective agreement

56. Application of collective agreement (1) A collective agreement shall bind— (a) the parties to the agreement; and (b) all the workers in the bargaining unit to which the agreement applies. (2) Where there is a joint negotiating panel or a group of recognised trade unions, a collective agreement signed by one or more trade unions representing more than 50 per cent of the workers in a bargaining unit shall bind any other trade union in the joint negotiating panel, or a group of recognised trade unions, which refuses to sign the agreement. (3) Where there is a joint negotiating panel or a group of recognised trade unions and one or more trade unions signing a collective agreement represents less than 50 per cent of the workers in the bargaining unit, the trade union or the employer concerned in the bargaining unit may apply to the Tribunal for the making of an award enforcing the collective agreement. (4) Where an application is made to the Tribunal under subsection (3), the Tribunal shall, in the first instance, endeavour to secure a settlement between the parties with a view to signing the collective agreement. (5) Where no settlement is reached under subsection (4), the Tribunal shall make such award as it thinks fit. (6) An application made under subsection (3) shall be determined within 60 days of the date of the receipt of the application. (7) The terms of the collective agreement made under section 55 or under this section shall become implied terms and conditions of the contract of employment of the workers covered by the agreement. (8) An employer shall comply with the provisions of a collective agreement.