Employees (Provision of Information and Consultation) Act 2006

8

Negotiated agreements.

8.— (1) An agreement establishing one or more information and consultation arrangements may be negotiated by the employer and the employees or their representatives (or both) (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 to whom the agreement relates, 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—

( a) where a majority of those employees employed in the undertaking who cast a preference do so in favour of the terms of the agreement,

( b) where a majority of employee representatives, elected or appointed for the purposes of negotiations under this Act, approve the agreement in writing, or

( c) where the result of employing any other procedure agreed to by the parties for determining whether the agreement has been so approved discloses that it has been so approved.

(4) The employer shall ensure that the procedure for the casting of a preference referred to in subsection (3)(a) 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 F2 [ (including relevant information) ] and consultation;

( c) the method and timeframe by which information is to be provided, including as to whether it is to be provided directly to employees or through one or more employees’ representatives;

( d) the method and timeframe by which consultation is to be conducted, including as to whether it is to be conducted directly with employees or through one or more employees’ representatives; 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) 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.