This section applies if a qualifying trade union has given an access request to an employer and either—
the employer has not given a response notice to the union before the end of the response period, or
the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.
The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.
If the Central Arbitration Committee makes a determination that officials of the union are to have access—
the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and
an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.
An application for a determination under this section may be made—
by the union, in the case referred to in subsection (1)(a);
by the union or the employer, in the case referred to in subsection (1)(b).
An application for a determination under this section—
must be in writing and in such form as the Central Arbitration Committee may require;
may not be made after the end of a prescribed period beginning with the day on which the access request is given.
In considering an application for a determination under this section, the Central Arbitration Committee—
may make such enquiries as it sees fit;
may make reasonable requests to provide information or documents relevant to the application;
so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.
A determination under this section must—
be in writing, and
state the reasons for the determination.
Section 70ZF makes further provision about determinations under this section.