Arthur Morgan (Louth, Sinn Fein)

I move amendment No. 28:

In page 8, to delete lines 40 to 45 and in page 9, to delete lines 1 to 43 and substitute the following:

"8.—(1) An agreement establishing information and consultation may be negotiated by the employer and the employee representatives (to be known and in this Act referred to as a "negotiated agreement").

(2) A negotiated agreement shall be—

(a) in writing and dated,

(b) signed by the employer,

(c) approved by the employees,

(d) applicable to all employees, and

(e) available for inspection by those persons and at the place agreed between the parties.

(3) For the purposes of subsection (2)(c), the agreement shall be regarded as having been approved by the employees where a majority of those employees employed in the undertaking who cast a preference do so in favour of the terms of the agreement.

(4) The employer shall ensure that the procedure for the casting of a preference referred to in subsection (3) is confidential and capable of independent verification and of being used by all employees.

(5) A negotiated agreement shall include reference to the following matters:

(a) the duration of the agreement and the procedure, if any, for its renegotiation;

(b) the subjects for information and consultation;

(c) the method and timeframe by which information is to be provided;

(d) the method and timeframe by which consultation is to be conducted; and

(e) the procedure for dealing with confidential information.

(6) At any time before a negotiated agreement expires or within 6 months after its expiry, the parties to the agreement may renew it for any further period they think fit.

(7) If no new negotiated agreement is made by the parties then the standard rules in Schedule 1 of this Act will apply.

(8) A negotiated agreement renewed under subsection (6) within the period of 6 months referred to in that subsection shall be deemed to have remained in force from the date it would otherwise have expired.".

This was discussed extensively on Committee Stage but it warrants being raised again here. The purpose of this new section 8 is to provide only for collective consultation with employees' representatives to ensure that the outcome of any negotiations must be approved by a secret ballot of all employees.

See this speech in context