Section 70ZF (Determinations by the Central Arbitration Committee: further provision), subsection (1) provides that subject to regulations made under this section, the CAC must make determinations under section 70ZE consistent with the access principles.
	Those access principles are set out at subsection (2) and seek to ensure a balance between the interests of the trade union and employer respectively. The access principles are:
that officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes (which are defined under section 70ZA(6)) in any manner that does not unreasonably interfere with the employer’s business;
an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;
physical entry into a workplace should not be refused solely on the basis that communications with workers by means not involving physical entry into a workplace is not permitted;
communication with workers by means not involving physical entry into a workplace should not be refused on the basis that physical entry into a workplace is not permitted;
access should be refused entirely only where it is reasonable in all the circumstances to do so.
	Principles (c) and (d) ensure that the CAC’s determinations about access do not prioritise communication with workers other than by means involving physical entry over physical entry and vice versa.
	Subsection (3) provides a power for the Secretary of State to provide in regulations the terms of the access agreement that the CAC must consider as:
not unreasonably interfering with an employer’s business;
that must be considered as reasonable steps that an employer should take to facilitate access by officials of a qualifying trade union;
must consider as being terms that are reasonable for a union to comply with.
	Subsection (4) provides a power for the Secretary of State to provide in regulations the circumstances where it is to be regarded as reasonable for the CAC to make a determination that officials of a union that has given an access request to an employer are not to have access , and the circumstances in which the CAC must make such a determination.
	Subsection (5) provides a non-exhaustive list of matters that the circumstances provided for in regulations made under the power in subsection (4) may reference. These matters are:
the description of business carried on by the employer;
the number of workers employed by the employer;
the number of workers employed by the employer, or of a particular description, that are members of the union;
description of a workplace;
a description of workers;
the ability of the employer to facilitate access to the workplace;
avoiding prejudice to the prevention or detection of offences; and
national security.
	Subsection (6) provides a power for the Secretary of State to prescribe matters to which the CAC must have regard in considering an application for a determination about access, under Section 70ZE.
Part 4: Trade Unions and Industrial Action, etc Right of trade unions to access workplaces New Section 70ZF