Member

Amendment 216MZB, tabled by the noble Lord, Lord Sharpe, seeks to preserve the role of the CAC as the primary enforcement body. I understand the spirit of this amendment. We agree that, for the most part, in the recognition and derecognition process, the CAC should be the primary enforcement body. However, that is not appropriate here, where the employer is already in breach of an order of the CAC. In this instance, the worker or the union should have the right to seek recourse against the employer for breaching the order of the CAC. Normally, the final recourse for a breach of a CAC order would be for the CAC to dismiss or accept an application. In this instance, if the CAC was to use its ultimate sanction and dismiss the workers’ application for derecognition, this would be punishing the workers for a breach made by the employer. That is why we are enabling the workers or unions to seek enforcement via the court system.