Paragraph 13 of the Schedule amends paragraph 24 of Schedule A1 by inserting the ballot notification requirements (to notify the CAC that the party does not want the CAC to arrange a ballot) in the circumstance where the CAC has found that there has been an unfair practice and decides under new paragraph 19O subparagraph (5) to order a ballot. The notification period in such a case is 5 working days.
	Where notice of the ballot is given under paragraph 22 of Schedule A1 (where the union has a majority of workers in the bargaining unit) or under paragraph 23 of Schedule A1 (where the union does not have a majority of workers in the bargaining unit), the notification period remains at 10 working days. This may be extended at the discretion of the CAC.
	Paragraph 14 of the Schedule amends paragraph 25 (rules relating to ballot) of Schedule A1 by inserting that workers who joined the bargaining unit after the application day will not be eligible to vote in the ballot.
	Paragraph 15 of the Schedule amends paragraph 26 (duties of employer in relation to ballot) of Schedule A1. Currently the five duties under paragraph 26 refer to duties of the employer under a recognition ballot. As a result of this Act, unions will be able to obtain access much earlier in the recognition process; they will be able to request it once the CAC notifies them that their application has been accepted. Protections for both parties in relation to unfair practices are also extended earlier in the recognition process, again where the CAC notifies the parties that an application has been accepted.
	As a result, some of the duties on the employer will, following the passage of this Act, relate to the recognition process as a whole, not just the ballot. That is why paragraph 15 of the Schedule removes references to the second, fourth and fifth duties from paragraph 26 of Schedule A1 as these duties, in relation to the recognition process as a whole, are now provided for elsewhere.
	Paragraph 15 of the Schedule also amends the duty on the employer to cooperate generally with the union and with the person appointed for the conduct of the ballot by specifying that no other duties in this Part of Schedule A1 can prejudice the generality of this duty.
	Paragraph 15 of the Schedule also inserts duties on the employer, where a ballot has been ordered by the CAC under new paragraph 19O(5) in circumstances where the CAC has found that there has been an unfair practice and where a ballot had been previously ordered: the employer is required to provide updated information in relation to the workers in the bargaining unit, including information regarding names and addresses not previously provided to the CAC, and information on those workers who have left.
	Paragraph 15 of the Schedule also deletes references to powers for Ministers and ACAS to issue Codes of Practice. This is because these powers now relate to access and unfair practices for the whole recognition process from the point an application is accepted by the CAC. These powers no longer solely relate to the ballot, hence why references are deleted in paragraph 26 of Schedule A1 (but see new paragraphs 19L(1) and 19M(6) of Schedule A1).
	Paragraph 16 of the Schedule supplements paragraph 27 of Schedule A1 by inserting additional circumstances relating to breaches of obligations under Schedule A1.
	New subparagraph 27ZA is inserted requiring the CAC to take steps to cancel a ballot or if the ballot is held, to provide that it is to have no effect, in circumstances where the CAC has issued a declaration ordering a party to take remedial steps as a result of a breach of duty under an access agreement.
	New subparagraph 27ZB is inserted to address circumstances where a party has submitted a complaint that there has been an unfair practice and the ballot has not yet taken place. The CAC may notify the parties and the QIP to postpone the date of the ballot until after the CAC’s decision period under new paragraph 19N(5) of Schedule A1.
	New subparagraph 27ZC is inserted to address circumstances where the CAC has found that a complaint in relation to an unfair practice is well founded. If the ballot has not been held, the CAC must take steps to cancel it. If the ballot has been held, it is to have no effect.
	New subparagraph 27ZD is inserted to address circumstances where the CAC has given a declaration or order that an unfair practice complaint is well founded and where the CAC has previously made an order in relation to a cancelled or ineffective ballot: then that order has effect to the extent that the CAC specifies in its notice to the parties.
	Paragraph 17 of the Schedule deletes paragraphs 27A to 27F of Schedule A1.
	Paragraph 18 of the Schedule amends paragraph 28 (costs of the ballot) of Schedule A1. In particular, if the ballot is ordered under paragraph 19O(5) following a well-founded complaint about an unfair practice, the costs are to be borne in proportions determined by the CAC.
	Paragraph 19 of the Schedule amends paragraph 29 of Schedule A1 (result of ballot) to reflect that the CAC needs to announce the result of the ballot as soon as practicable following 5 working days after the close of the ballot or once an unfair practice complaint has been determined. Paragraph 29 of Schedule A1 is also amended to reflect that the CAC must declare statutory recognition where the union obtains a simple majority in the recognition ballot (the requirement for at least 40 per cent of workers in the bargaining unit to support recognition being removed).
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 2 - Recognition Ballots