Supplementary Order Paper No 4

Clause 11

In clause 11, new section 44A(2), after The employer (page 11, line 8), insert where they demonstrate real commercial risk as a result of the sharing of information during bargaining which outweighs the potential benefits.

After clause 11, new section 44A(2) (page 11, after line 9), insert:

  • (3) A union who is party to the bargaining may apply to the Authority for a determination of whether the employer’s opting out under subsection (2) is reasonable. If the Authority finds an opt out is not reasonable they may order the resumption of bargaining.