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Renewal time

1st July 2010, Page 28
1st July 2010
Page 28
Page 29
Page 28, 1st July 2010 — Renewal time
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Which of the following most accurately describes the problem?

The working time regulations can allow for some flexibility, but only as long as the workforce agrees.

Words: Adam Hitt The Road Haulage Association (RI IA) has recently reminded the industry that workforce agreements made when the Road Transport (Working lime) Regulations 2005 came into force are now due for renewal as they expire after five years

The regulations included such agreements to allow employers and drivers more flexibility on working arrangements. For one thing, they can agree to extend the reference period for the average 48-hour working time limit. Weekly working time is calculated over four months normally 17 weeks, hut up to 18 weeks to allow three reference periods in one calendar ■,'ear.

Workforce agreements can extend this up to six months (that is, to a maximum of 26 weeks).

Agreements will also determine whether this will be monitored using a fixed or rolling method, and can also be used to exceed the 10-hour limit in any 24-hour period for night work.

This might be useful to satisfy the particular requirements of a business, for example a company that has a trunking operation that may need an opt-out to allow for a 12-hour maximum day in order to complete its night-time work.

The key thing is that deals must be made with representatives of an employer's mobile workers, who are elected by secret ballot. If no-one wants to he a representative, then the company initiates its own workplace ballot, explains Mel Thornton, national officer at the United Road Transport Union (URTU).

"Some companies have a maximum 48-hour week finish. They tend to be the companies who have adhered to what the legislation was originally meant to be.Non-mobile workers have an individual right to opt out of the 48-hour week.

Renewal deadline

Under the legislation, agreements can only last a maximum of five years. which means employers must remember to renew them now to avoid being in breach of the regulations.

So. for those companies that have not got to grips with the renewal process yet, what should they be looking out for?

-It's a simple exercise," explains RHA employment affairs director Ruth Putt. "You must revisit the agreement you had in place with workers, making sure they are still happy. I wasn't aware of any difficulties encountered five years ago and, as far as I know, it's all worked well."

In addition to workforce agreements. there is another category: collective agreements These take place when there is a union involved and are enshrined in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992. If a worker has any part of their conditions determined by a collective agreement, they cannot be subject to a workforce agreement.

Although agreements can run for a maximum of five years, unions in practice usually renegotiate them on a yearly basis. "The original requirements of the regulations came into force on 4 April 2005, which coincided with many pay review anniversary dates," explains Brian Hart, national officer at URTU.

"It has become common for a company and uffru to utilise the discussions surrounding an annual pay claim to also discuss and agree the requirements of any collective agreement for the purposes of the 2005 regulations. If the agreement still satisfies both parties, the agreement would be signed for a further 12 months and so on."

However, unions are concerned that there may be some sharp practice around the way in which some companies are using the regulations."There is evidence that companies are not obeying the requirements of the regulations and are using unlawful tactics to force through the preferred agreements." believes Hart.

"URTU has been provided with copies of certain workforce agreements from workplaces without a recognised trade union and is deeply concerned that rogue employers within the industry are forcing its employees to agree to workforce agreements that in some cases are unlawful and in many cases are introduced without following the correct procedure of involving workforce representatives," he says.

I wanna be elected

'Ibis is potentially the most thorny area for companies. Employers decide on the number of representatives to be elected, but need to be aware that employee representatives have rights which if breached could lead to a tribunal claim.

have the statutory right to paid time off to carry out their duties, it is good practice to do so.

Interested eyes are watching at the moment. While he mentions no names. Hart says URTU members have contacted the union with worries about an employer trying to introduce a new five-year workforce agreement.The workers believed it was unlawful and was being introduced without due process.

URTU contacted VOSA for an opinion on its legality and Hart says VOSA confirmed that elements of the agreement were unlawful and that the company's failure to follow the correct procedure for agreeing and introducing any new agreement was also unlawful.

"The above example is not an isolated incident." insists Hart. Companies have to be on their guard to get the process right. Renewal is reasonably straightforward so long as the correct guidelines are followed. "On the positive side, it has formalised the opportunity for employers to sit down and say 'how are things going?'," says Pott.

But her message is simple. "Don't delay the renewal of these agreements." she concludes. "They are absolutely essential to the efficient operation of your business." •


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