§ 9.—(1) Where, in consequence of an application under Part I of this Schedule (in this Part of this Schedule referred to as ' the initial application '), the Industrial Court has made an order under paragraph 7(2) of this Schedule, then, at any time before the end of the period allowed by the order, any of the relevant workers may make an application to the Industrial Court under this Part of this Schedule.
§ (2) In this Part of this Schedule—
- (a) 'the relevant workers', in relation to an application under this Part of this Schedule, means those workers who, on the date of that application, are workers to whom the proposed agreement would apply if it were made on that date, and
- (b) `the proposed agreement' means an agreement in the form of the draft which accompanied the initial application.
§ 10. The Industrial Court shall not entertain an application under this Part of this Schedule unless the Court is satisfied that not less than one-fifth of the relevant workers have signified in writing their concurrence in the application.
§ 11.—(1) Where the Industrial Court entertains an application under this Part of this Schedule, the Court shall request the Commission to arrange for a ballot to be aken on the question whether the proposed agreement should be made.
§ (2) The persons eligible to vote in the ballot shall be the workers who, on a date specified by the Commission in making arrangements for the ballot, are workers to whom the proposed agreement would apply.
§ 12. For the purpose of complying with a request made by the Industrial Court under paragraph 11(1) of this Schedule, the Commission shall determine whether the ballot is to be taken by the Commission or is to be taken under the supervision of the Commission by some other body, and in either case what arrangements would best secure—
- (a) that the ballot will be properly conducted, and
- (b) that the voting in the ballot will be kept secret,
§ 13. After the ballot has been taken, the Commission shall report the result of the ballot to the Industrial Court, to the person who made the application in pursuance of which the ballot w as taken and to each of the parties to the initial application.
§ 14. If the result of the ballot, as so reported, is that a majority of the workers eligible to vote in the ballot have voted in favour of the proposed agreement, the Industrial Court shall make an order approving the proposals embodied in the draft agreement which accompanied the initial application.
§ 15. If the result of the ballot, as so reported, is that a majority of the workers eligible to vote in the ballot have not voted in favour of the proposed agreement, then—
- (a) the Industrial Court shall not approve the proposals, and
- (b) during the period of two years beginning with the date on which that result was so reported, the Industrial Court shall not entertain any application under Part I of this Schedule if it relates (wholly or in part) to a description of workers to whom the initial application related.