Section 59: Extension of collective agreement to another employer
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.
59. Extension of collective agreement to another employer
(1) Where a collective agreement is in force in respect of an employer in
an industry, any trade union may apply to the Tribunal for an order to extend
the agreement or part thereof to another employer in that industry by whom
the trade union is recognised and, on hearing the application, the Tribunal
may grant or refuse the order.
(2) No order shall be made under subsection (1), unless the Tribunal is
satisfied that—
(a) the employer and workers to whom the collective agreement is
to be extended are engaged in the same activity as that carried
out by those covered by the collective agreement;
(b) the extension of the collective agreement is desirable in the interest of uniformity of terms and conditions of employment;
(c) the terms of the collective agreement are not prejudicial to the
viability of the enterprise concerned in the industry.
(3) Any application made under subsection (1) shall be determined within
60 days of the date of receipt of the application.
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Questions this section answers
- Can a collective agreement be extended to cover another employer in the same industry?