§ 16. Subject to the next following paragraph, at any time when an approved closed shop agreement is in force, any worker to whom the agreement applies may make an application to the Industrial Court for a ballot as to the continuance of the agreement.
439§ 17. The Industrial Court shall not entertain any such application—
- (a) unless it is satisfied that not less than one-fifth of the workers to whom the agreement for the time being applies have signified in writing their concurrence in the application, or
- (b) if the application is made before the end of the period of two years beginning with the date on which the result of a ballot under Part II of this Schedule relating to that agreement was reported by the Commission to the Court, or
- (c) if the application is made before the end of the period of two years beginning with the date on which the result of a previous ballot under this Part of this Schedule relating to that agreement was reported by the Commission to the Court.
§ 18.—(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 taken on the question whether the agreement to which the application relates should continue in force.
§ (2) Paragraph 12 of this Schedule shall have effect in relation to a request under this paragraph as it has effect in relation to a request under paragraph 11(1) of this Schedule.
§ (3) The persons eligible to vote in the ballot shall be the workers to whom the approved closed shop agreement for the time being applies.
§ 19. 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 was taken and to each of the parties to the agreement to which the ballot relates.
§ 20. 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 continuance of the approved closed shop agreement—
- (a) the Industrial Court shall revoke the order under Part I or Part II of this Schedule approving the proposals embodied in the draft agreement in accordance with which that agreement was made, and
- (b) the agreement shall thereupon cease to be an approved closed shop agreement.