45 One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement

(1)

This section applies to—

(a)

1 union proposing to initiate bargaining with 2 or more employers for a single collective agreement:

(b)

2 or more unions proposing to initiate bargaining with 1 or more employers for a single collective agreement.

(2)

Before bargaining for the single collective agreement is initiated under section 42, the union or each union (as the case may require) must hold, in accordance with its rules, separate secret ballots of its members employed by each employer intended to be a party to the bargaining.

(3)

A secret ballot may be held only if the members of the union employed by the employer are—

(a)

not covered by an applicable collective agreement that is in force; or

(b)

covered by an applicable collective agreement that is in force and the secret ballot is held not earlier than 60 days before the time within which bargaining may be initiated by the union under section 41.

(4)

The result of a secret ballot of members of the union employed by an employer is determined by a simple majority of the members who are entitled to vote and who do vote.

(5)

If, at the conclusion of the secret ballots, 2 or more secret ballots have resulted in a decision in favour of bargaining for a single collective agreement, then the union proposing to initiate bargaining for a single collective agreement may initiate bargaining by giving a notice in accordance with section 42 to each employer in respect of which a secret ballot has resulted in a decision in favour of bargaining for a single collective agreement.

(6)

The notice must include the following additional information in respect of each employer whose employees voted in a secret ballot:

(a)

the name of the employer; and

(b)

the number of the employer’s employees who are members of the union; and

(c)

the number of those members who voted; and

(d)

the number of those members who voted in favour of bargaining for a single collective agreement.