Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.
The access principles are—
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 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 communication with workers by means not involving physical entry into a workplace is permitted;
communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;
access should be refused entirely only where it is reasonable in all the circumstances to do so.
The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—
would not unreasonably interfere with an employer's business;
would constitute reasonable steps that an employer should take to facilitate access;
it would be reasonable for a union to comply with.
The Secretary of State may prescribe—
circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;
circumstances in which the Central Arbitration Committee must make such a determination.
The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—
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;
a description of workplace;
a description of workers;
the ability of the employer to facilitate access;
avoiding prejudice to the prevention or detection of offences;
national security.
The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.