Certification and recognition procedures

(1) Any trade union claiming to have as its fully paid-up members a majority of the employees of an employer in a bargaining unit may, subject to the provisions of this Part, make a written application to the Tripartite Body constituted under section 22 of this Act, to be certified as the sole and exclusive bargaining agent for the bargaining unit. (2) Notwithstanding subsection (1) of this section, all existing trade unions which were certified and recognised as bargaining agents for bargaining units prior to the commencement of this Act shall be deemed to have been so certified and recognised pursuant to this Act. Trade Unions and Employers; Organisations (Registration, Recognition and Status) 23 (3) Where at the commencement of this Act, (a) no collective bargaining agreement is in force and no trade union has been certified under this Part for any bargaining unit, an application by a trade union to the Tripartite Body for certification as the bargaining agent in respect of the bargaining unit may be made at any time; (b) no collective bargaining agreement is in force but a bargaining agent has been certified pursuant to subsection (2) of this section for a unit, the application for certification pursuant to subsection (1) of the section, shall be made within twelve months from 31st day of December, 2000; (c) a collective bargaining agreement is in force, application for certification by a trade union as a bargaining agent for a bargaining unit may be made within three months before the expiration of the collective bargaining