Paragraph 4 places new duties on employers to provide names, dates of birth and job categories of workers in the bargaining unit, normally within 5 working days of the Central Arbitration Committee receiving an application for recognition. The Schedule also provides for enforcement powers in case of non-compliance by an employer, ultimately enabling the Central Arbitration Committee to make a declaration that the union has been recognised. These changes have been made to give effect to the policy aim of ensuring that only those workers who were part of the bargaining unit at the time when the application was received are counted for the purposes of the recognition process.
	Paragraph 4 therefore requires an employer to provide certain information about the workers in a bargaining unit, normally within five working days after the employer is notified of a trade union recognition application. The duty does not include workers who joined the bargaining unit after the application was received by the Central Arbitration Committee, as they cannot vote in any potential ballot arising from the application.
	Paragraph 4 makes further amendments to Schedule A1 by inserting after paragraph 13 of Schedule A1, new paragraphs 13A and 13B.
	Sub-paragraph 13A(1) clarifies that this section applies where the Central Arbitration Committee has received an application for statutory recognition under paragraphs 11 and 12 of Schedule A1, and where it has given notice to the employer of receipt of the application.
	Sub-paragraph 13A(2) requires the employer to comply as far as is reasonably practicable with the duties set out in new paragraph 13A(3).
	Sub-paragraph 13A(3) lists the four duties that the employer must comply with. These duties are:
to give to the Central Arbitration Committee within the relevant period, the specified information in relation to each of the relevant workers. New sub-paragraph 13A(4) defines the relevant period as five working days after the Central Arbitration Committee has given notice to the employer of receipt of a statutory union application (or longer if the CAC specifies). Sub-paragraph 13A(5) defines the relevant information as the worker’s name, their date of birth and the category of worker the individual worker falls under. Sub-paragraphs 13A(6) and 13A(7) define relevant workers as those workers who were employed in the proposed, agreed or decided bargaining unit when the recognition application was received by the Central Arbitration Committee.
if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the Central Arbitration Committee, to give to the Central Arbitration Committee, within the relevant period, the specified information in relation to each of those who are now the relevant workers.
to take reasonable steps to ensure that the information given to the Central Arbitration Committee under the first two duties above does not include any information relating to an individual who is not a relevant worker.
to inform the Central Arbitration Committee, as soon as reasonably practicable, of any worker who ceases to be a relevant worker in the bargaining unit.
	New Paragraph 13B provides for an enforcement mechanism where the employer does not comply with the four duties listed in new paragraph 13A(3).
	Sub-paragraph 13B(1) sets out the circumstances where the Central Arbitration Committee will issue a remedial order under new-subparagraph 13B(2). These circumstances are that the employer has failed to comply with one of the four duties and the statutory recognition application under paragraph 11 or 12 of Schedule A1 is still in progress. Sub-paragraph 13B(7) clarifies that an application is still in progress so long as none of the events listed in that sub-paragraph have occurred.
	Sub-paragraph 13B(2) provides that the Central Arbitration Committee may issue a remedial order requiring the employer to take steps to remedy the failure within a period specified by the Central Arbitration Committee.
	Sub-paragraph 13B(3) requires the Central Arbitration Committee to notify the parties where it is satisfied that the employer has failed to comply with the remedial order.
	Sub-paragraph 13B(4) requires the notice to set out that the Central Arbitration Committee may declare under new sub-paragraph 13B(6) that the union or unions are recognised for collective bargaining where the conditions set out under new sub-paragraph 13B(5) are met.
	The conditions under sub-paragraph 13B(5) will be that the Central Arbitration Committee is satisfied that the employer has failed to comply with a remedial order; the application under paragraphs 11 or 12 of Schedule A1 is still in progress; the bargaining unit has been agreed or decided upon; and that the Central Arbitration Committee has decided that the application is not invalid under paragraphs 11(2) or 12(2) of Schedule A1.
	Paragraph 5 of the new Schedule amends paragraph 14 (acceptance of applications including multiple applications) of Schedule A1.
	Subparagraphs (2) and (5) amend paragraph 14 of Schedule A1 by ensuring that any worker who joined the bargaining unit after the application day is to be disregarded for the purposes of the statutory recognition scheme.
	Subparagraphs (3), (4), (6) and (7) amend paragraph 14 of Schedule A1 by deleting references to the "10% test" and substituting this with the "required percentage test."
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 2 - Recognition Acceptance of applications