44. In order to be considered as the collective agreement applicable in a sector, an agreement respecting the conditions of employment other than those pertaining to the matters listed in section 61.1 must be made by at least three associations whose representativeness is more than 50% and by the sector-based employers’ association.
As regards the matters listed in section 61.1, the clauses of an agreement made in accordance with the third paragraph or, failing such an agreement, the clauses respecting such matters contained in the last collective agreement applicable in the sector also form part of such a collective agreement. In the latter case, the clauses form part of the new collective agreement until they are renewed or revised in accordance with the law.
In order to form part of the collective agreement applicable in a sector and to have effect therein, an agreement respecting the conditions of employment pertaining to one or several matters listed in section 61.1 must be made by at least three associations whose representativeness is more than 50% in the sector and by the employers’ association entrusted with a mandate for that purpose by at least two sector-based employers’ associations whose representativeness is more than 50%.
An agreement referred to in the second paragraph may be made even in the absence of an agreement as to the conditions of employment specific to a sector, in which case section 48 applies as though it were an amendment to the collective agreement. The filing may be effected by the employers’ association or by a representative association having made the agreement.
1968, c. 45, s. 11; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1993, c. 61, s. 25; 1995, c. 8, s. 22; 2011, c. 30, s. 33.