Section 109 - Power to extend collective agreements

(1) Where it appears to the Chief Labour Officer that

(a) all or any of the terms of a collective agreement are suitable for application to a class of workers who are engaged in the same kind of work, or who work in the same area, as the workers to whom the collective agreement applies; and

(b) that the parties who concluded the agreement were sufficiently representative of the workers to whom the agreement is to apply and their employers,

the Chief Labour Officer may direct that those terms of the collective agreement shall apply in relation to that class of workers and their employers as they apply in relation to workers of the class specified in the certificate and their employers.

(2) The Chief Labour Officer shall not issue any directive under subsection (1) unless, three months before issuing the directive, the Chief Labour Officer has, after consultation with the appropriate employers' organisations and the trade unions concerned, published in the Gazette, a notice

(a) describing the class of workers to whom it is proposed to apply the agreement, setting out the text of the collective agreement; and

(b) giving particulars of the manner in which and time within which objections to the proposal may be submitted to the Chief Labour Officer.

(3) The Chief Labour Officer shall take appropriate steps to bring the contents of the notice to the attention of employers and workers affected by the proposals.

(4) The Chief Labour Officer shall not issue any directive under subsection (1) applying the terms of an agreement to workers who were not in the class described in the notice given under subsection (2).

(5) Where a collective agreement, the terms of which are applied by any directive issued under subsection (1) ceases to have effect, the directive shall cease to have effect on the same date.