Putting a negotiated ICE agreement into practice

Step 10: The negotiated agreement should: set out the circumstances in which the employer informs and consults employees; be in writing, dated and signed; and either provide for the appointment of ICE reps or commit to inform and consult with all employees (see page 46). It can include any other provisions the negotiators agree on, such as: how it will work; how it could end; whether it mirrors or improves on the default “standard provisions” (see Chapter 7); or whether it has reserved positions for representatives of recognised trade unions (all employees must be covered).

Step 11: The negotiated agreement must be: approved by all the negotiating representatives; or, if approved only by a majority, it must be approved in writing by 50% of the employees or supported in a ballot by 50% of those voting. If a ballot of employees is held, employees must be able to vote in secret and the employer must ensure the votes are accurately counted.

Step 12: If the agreement provides for information and consultation to be carried out with ICE representatives, they should be appointed or elected in accordance with the agreement. (Regulations about how many ICE reps there should be only have to be followed if there is no negotiated agreement, see page 41.)