Procedure where the bargaining unit is no longer appropriate or has ceased to exist
What happens if the bargaining unit becomes inappropriate because the employer's business changes.
A situation may arise when a union or employer feels that the bargaining unit - the group of workers the union represents - is no longer appropriate or has ceased to exist. Either party may apply to the Industrial Court to determine what bargaining unit is appropriate.
For the Industrial Court to reach its decision, the bargaining unit must have changed because of one or more of the following:
- the business' activities
- the organisation or structure of the business
- the number of workers in the bargaining unit
.
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