Paragraph 40 of the Schedule inserts after paragraph 81 new paragraphs 81A to 81F in relation to access agreements. This mirrors paragraph 9 of the Schedule in relation to statutory recognition applications under paragraph 11 or 12 of Schedule A1. However, paragraph 40 of the Schedule, and new paragraphs 81A to 81F that it inserts, relate to applications to the CAC under paragraph 66 or 75 of Schedule A1 to determine the bargaining unit where one of the parties believes the original bargaining unit is no longer appropriate or where there have been significant changes to it, including where the original bargaining unit may not exist. Subparagraph (1) of new paragraph 81A makes this clear.
	Subparagraph (2) of 81A provides that the union can give notice to the CAC and the employer within the access request period that it wants access to the relevant workers in the bargaining unit.
	Subparagraphs (3) and (4) of 81A define who the relevant workers are, by reference either to the original bargaining unit or any new bargaining unit that the CAC decides is appropriate.
	Subparagraph (5) of 81A defines the access request period of 5 working days following notice by the CAC of acceptance of an application.
	Subparagraph (6) of 81A defines that a recognition application under Schedule A1 paragraph 66 or 75 is in progress unless one of a number of events (a-d) has occurred.
	Paragraph 40 of the Schedule inserts after paragraph 81A of Schedule A1 a new paragraph 81B. Subparagraph (1) of 81B states that new paragraph 81B applies when the CAC accepts an application to determine the bargaining unit under Schedule A1 paragraph 66 or 75, the application is in progress and the union requests access.
	Subparagraph (2) of 81B sets out that the CAC must try to help the parties reach an agreement on access terms during the negotiation period.
	Subparagraph (3) of 81B sets out that the negotiation period is 20 working days starting the following day after the CAC gives notice that the application is accepted (or longer if the CAC specifies).
	Subparagraph (4) of 81B provides that the CAC can give notice to the parties that the negotiation period has come to an end where the CAC concludes that there is no reasonable prospect of the parties agreeing access terms.
	Subparagraph (5) of 81B sets out that the CAC’s notice must contain reasons for the CAC reaching that conclusion.
	Subparagraph (6) of 81B provides flexibility enabling the CAC to bring forward or put back the date where the negotiation period ends where both parties request this.
	Paragraph 40 of the Schedule inserts after paragraph 81B of Schedule A1 a new paragraph 81C. Subparagraph (1) of 81C states that new paragraph 81C applies when the CAC accepts an application to determine the bargaining unit under Schedule A1 paragraph 66 or 75, the union has requested access, the parties have not reached agreement within the 20 working days negotiation period on a voluntary access agreement and the application is in progress.
	Subparagraph (2) of 81C set out that the CAC must decide whether the CAC can have access to the workers and on what terms.
	Subparagraph (3) of 81C sets out that the adjudication period for this decision is 10 working days after the expiry of the negotiation period. This can be extended by the CAC giving notice and reasons to the parties.
	Subparagraph (4) of paragraph 81C clarifies that any access terms that the CAC imposes must grant the union reasonable access to inform the workers of the application under paragraph 66 or 75 of Schedule A1, or any resulting ballot, and seek their support and views on the issues involved.
	Paragraph 40 of the Schedule inserts after paragraph 81C of Schedule A1 a new paragraph 81D. Subparagraph (1) of 81D states that new paragraph 81D applies when an access agreement is entered and the application under paragraph 66 or 75 of Schedule A1 is in progress.
	Subparagraph (2) of paragraph 81D defines an access agreement, the terms of which may be agreed by the parties or decided by the CAC.
	Subparagraph (3) of paragraph 81D requires the parties to comply with the access agreement.
	Subparagraph (4) of paragraph 81D requires that the employer must not make an offer to the workers that could induce them not to attend a relevant meeting (as to which see subparagraph (8)) with the union and which is not reasonable.
	Subparagraph (5) of paragraph 81D states that the employer must not (for that reason) discipline a worker who attended or indicated that they wished to attend a meeting with the union.
	Subparagraph (6) of paragraph 81D defines who is a relevant worker in the bargaining unit in the case of an application under paragraph 66 or 75 of Schedule A1, by reference either to the original bargaining unit or any new bargaining unit that the CAC decides is appropriate.
	Subparagraph (7) of paragraph 81D states that where there is more than one new bargaining unit decided upon by the CAC, references to relevant workers relate to workers constituting each bargaining unit separately.
	Subparagraph (8) of paragraph 81D defines a relevant meeting, that is a meeting between the workers and the union, as organised in compliance with the access agreement or a CAC order and where the employer is required to permit the workers to attend.
	Subparagraph (9) of paragraph 81D clarifies that the duties imposed on the employer under subparagraphs (4) and (5) of paragraph 81D do not confer rights on a worker, but also that they do not affect any other rights that the worker may have.
	Subparagraph (10) of paragraph 81D sets out that any provision in an access agreement that requires personal data to be disclosed to someone other than the Qualified Independent Person (QIP) who oversees a ballot, has no effect.
	Subparagraph (11) of paragraph 81D sets out that personal data has the same meaning as in the Data Protection Act 2018.
	Subparagraph (12) of paragraph 81D stipulates that an access agreement is not a legally enforceable contract and that is also the case where the access agreement forms part of a collective agreement. The remedies for breach are therefore those provided in the legislation.
	Paragraph 40 inserts after paragraph 81D of Schedule A1 a new paragraph 81E. Subparagraph (1) of 81E states that the CAC may issue an order where the CAC is satisfied that a party has failed to fulfil duties imposed on it by new paragraph 81D and the application under paragraph 66 or 75 of Schedule A1 is still in progress.
	Subparagraph (2) of paragraph 81E provides that the CAC may order a party to take reasonable remedial steps to remedy any failure within a reasonable period of time.
	Subparagraph (3) of paragraph 81E sets out the circumstances where subparagraphs (4) and (5) of new paragraph 81E apply, being that an order made under subparagraph (2) has not been complied with, an application under paragraph 66 or 75 is in progress and the CAC has given notice of a decision as to an appropriate new bargaining unit.
	Subparagraph (4) of paragraph 81E sets out that if the party in breach is the employer, the CAC may declare that the union(s) has been recognised in relation to the new bargaining unit(s).
	Subparagraph (5) of paragraph 81E sets out that if the party in breach is the union, the CAC may declare that the union is not recognised in relation to the new bargaining unit(s).
	Paragraph 40 inserts after paragraph 81E of Schedule A1 a new paragraph 81F. This sets out the powers for the Secretary of State or ACAS to issue Codes of Practice relating to access, including what is reasonable access and clarifying the duty of the employer in relation to inducements.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 3 – Changes affecting bargaining unit after recognition Access agreements