LRD guides and handbook November 2016

Using information and consultation rights - a union rep's guide

Chapter 6

Reaching a negotiated agreement

[ch 6: page 34]

Within the time limit, it is expected that the negotiating reps and the employer will conclude a negotiated agreement that meets the criteria set out in Chapter 8 (see page 43). It must then gain the approval of the workforce, either through the unanimous support of the negotiating reps or through a ballot of all employees (regulation 16). Once it has been adopted it can be put into practice.

Where a ballot has to be held, the employer must make arrangements so that it is fair, secure and all employees are entitled to vote. As soon as reasonably practicable after the ballot, the employer must inform employees entitled to vote of the result.

Any negotiating representative who believes that arrangements for the ballot did not meet these standards can complain to the CAC (regulation 17). That must be done within 21 days of the ballot. If the compliant is well-founded, the CAC can order the employer to hold the ballot again.