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Contents

Part 7 · Judicial Management

116. Trade union representation on behalf of members who are creditors and employees of company

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Amended

Last amended by an amending law of 2021.

(1)

Where employees of a company —

(a)

are creditors, by reason that wages or salary are payable to them whether by way of allowance or reimbursement under contracts of employment or any award or agreement regulating conditions of employment or otherwise; and

(b)

are members of a trade union that is recognised by the company under the Industrial Relations Act 1960,it is sufficient compliance by the judicial manager with sections 105, 107 and 108 if the notice, statement of proposals and revised proposals mentioned in those sections are sent to the trade union representing the employees.

(2)

A trade union to which subsection (1) applies —

(a)

is entitled to represent any such employees at a meeting of creditors summoned under section 107(1) or, with the permission of the Court, to apply to the Court under section 115 on their behalf; and

(b)

may make representations to the judicial manager on behalf of those employees,in respect of any matter connected with or arising from the continuation or termination of their contracts of employment, or any matter relating to any award made by the Industrial Arbitration Court under the Industrial Relations Act 1960 or any collective agreement certified under that Act that affects those employees.

Report

Part 8

Winding Up

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules