ABSTRACT
Collective bargaining is a means of achieving a collective agreement. In statutory terms it means any agreement or arrangement made between trade unions and employers relating to a number of specific issues. For historical reasons, trade unions have been suspicious of the intervention of the law in industrial relations, and although there is the opportunity for trade unions to enter into legally binding agreements with employers, few actually do so. The intentions of the parties appear to be crucial, and unless that intention to enter into a legally enforceable agreement is clear, then there is likely not to be such an agreement. Employees are assumed to know of the contents of a collective agreement negotiated with a trade union. It would be difficult for a trade union to claim implied recognition if employer had expressly refused recognition for collective bargaining purposes. The Industrial Relations Act 1971 was a Conservative government’s attempt to provide a comprehensive legal framework for industrial relations.
