Collective agreements

Produced by Tolley in association with

Employment Tax

Guidance

Collective agreements are agreements negotiated between one or more trade union and one or more employer or employers' association. Collective agreements can affect almost all aspects of the employment relationship and the terms and conditions of an individual employment contract, including:

•
remuneration
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working hours
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working conditions
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overtime
•
disciplinary procedures
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grievance procedures
•
training
•
health and safety

TULR(C)A 1992, s 178(1)

Collective agreements can cover all employees, they are not limited to the union members.

Enforceability between union and employer

The provisions of TULR(C)A 1992 as well as the common law both hold that the existence of a collective agreement does not equate to an intention to create legal relations between the parties. In order for a collective agreement to be enforceable between the union and the employer it must:

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be in writing, and
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contain a provision clearly indicating that the parties intend it to be legally enforceable

This rule applies to collective agreements only where they relate to:

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terms and conditions of employment, or the physical conditions of work
•
engagement

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