Ms Nusrat Ghani
MP for Sussex Weald · Conservative · United Kingdom
“Before we come to the urgent question, I must say how disappointing it is that the Government were not forthcoming with a proactive ministerial statement on this matter. The disruption to aviation and the impact on many constituents has been considerable.”
“The point of order and its content are not a matter for the Chair. I have not been notified of any Minister coming forward at this point, but I have only just come into the Chair. If the hon.”
“(3) Regulations under section 14Z45B must provide that, where an out-of-hospital service is to be provided to a patient, the integrated care board must— (a) offer the patient a choice of at least two providers capable of providing the service, which may include NHS bodies and independent sector providers approved to provide that service u…”
“(2) For the purposes of subsection (1), the relevant requirements are— (a) that the special educational provision set out in section F of an EHC plan meets the needs identified by an EHC needs assessment; (b) that ICBs can be required to provide such special educational provision; (c) that ICBs must provide such special educational provis…”
“(3) The Charter must— (a) set out the fundamental principles and responsibilities for assessing whether a data sharing partnership is in the interest of the public and the NHS; (b) include the primary goal of protecting people’s privacy and their data from exploitation, while promoting trust in data systems and the handling of health data…”
“(2) Arrangements under subsection (1) must, so far as reasonably practicable, provide for— (a) general practitioners, dentists, pharmacists and other relevant primary care professionals to work together as part of integrated local primary care teams; (b) the sharing of relevant patient information between those professionals through secur…”
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“(2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child. (3) In this section— “a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.”
“(8) Regulations under subsection (7) may specify— (a) different weekly rates for different ages of children being cared for, or (b) different weekly rates for different regions of England. (9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.” New clause 27 —Extension of pupil premium to children subject to a kinship care arrangement— “(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care.”
“(5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of— (a) the person jointly elected by those two for that purpose, or (b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State. (6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement. (7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations.”
“(5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (6) Regulations made under this section may make provision about how leave under this section is to be taken.” New clause 26 —Kinship care allowance— “(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England. (2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State. (4) A person may claim an allowance under this section in respect of more than one child.”
“(2) Regulations made under subsection (1) must include provision for determining— (a) the extent of an individual’s entitlement to leave under this section; and (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) must secure that— (a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave; or (b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them. (4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last— (a) at least one year, and (b) until the child being cared for attains the age of 18.”
“(4) A report published under subsection (3) must include— (a) actions taken to meet, action or implement each of the recommendations; (b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations; (c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and (d) where it has not been practicable to fully implement a recommendation— (i) explanation of why implementation has not been possible; (ii) a statement of the Government’s intention to implement the recommendation; and (iii) a timetable for implementation.” New clause 25 —Kinship care leave— “(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where— (a) the individual is a kinship carer, and (b) the individual satisfies conditions specified in the regulations.”
“(3) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations listed above.”
“(2) The recommendations are— (a) the establishment of a single core data set on child sexual abuse and child sexual exploitation in England and Wales; (b) the establishment of Child Protection Authorities for England and Wales; (c) the creation of cabinet Ministers for Children in the UK and Welsh Governments; (d) the commissioning of regular public awareness campaigns on child sexual abuse; (e) the amendment of the Children Act 1989 to provide for court action where there is reasonable cause to believe that a child in the care of a local authority is experiencing or is at risk of experiencing significant harm; (f) the creation of registration systems for care staff in children’s homes, young offender institutions and secure training centres; (g) greater use of the barred list in relation to persons recruiting individuals to work or volunteer with children on a frequent basis; (h) the improvement of compliance with statutory duties to notify the Disclosure and Barring Service of the suitability of individuals to work with children; (i) the extension of the powers of the Disclosure and Barring Service to provide enhanced certificates to people working with children overseas; and (j) the provision of specialist and accredited therapeutic support to child victims of sexual abuse.”
“New clause 15 —Implementation of recommendations of the Independent Inquiry into Child Sexual Abuse— “(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse listed below.”
“(4) A local authority must, before issuing a notification under subsection (2), request the consent of the household for the sharing of information relating to the household’s homelessness status. (5) Subsection (2) does not apply if the household has not consented to the local authority sharing information about it.” This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation. The notification can only occur when the child’s parent or guardian consent to the sharing of this information.”
“(4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.” New clause 14 —Notification when a child is placed into temporary accommodation— “(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (Initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child. (2) A local authority must notify the following of the household’s homelessness status— (a) the child’s school, and (b) the child’s registered GP practice. (3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2).”
“(2) The review must include services provided by adoption agencies which have been commissioned by local authorities. (3) The review must consider in particular— (a) any updates required to existing regulations and guidance relating to adoption; and (b) the support needs of, and support services currently available or provided to— (i) relevant parties in relation to birth family contact; (ii) young adult adoptees in relation to their transition to adulthood; and (iii) adult adoptees.”
“(4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (5) The power to make regulations under subsection (4) is exercisable by statutory instrument.”” This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change. New clause 13 —Review of adoption support offered by local authorities— “(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities.”
“(5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (6) The power to make regulations under subsection (5) is exercisable by statutory instrument. 58B Promotion of public awareness and reporting (1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section. (2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A. (3) The Secretary of State must, as soon as practicable after preparing a report under this section— (a) lay the report before Parliament, and (b) publish the report.”
“(3) After section 58, insert— “58A Abolition of common law defence of reasonable punishment (1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England. (2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment. (3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law. (4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment.”
“New clause 4 —Health assessments to include mental health practitioner— “In regulation 7 of the Care Planning, Placement and Case Review (England) Regulations 2010, after “practitioner” in paragraph (1) insert “and a registered mental health practitioner”.” This new clause would make an assessment of the mental health of children in care a core part of the health assessment of those children by ensuring a mental health practitioner is involved in the assessment. New clause 8 —Abolition of common law defence of reasonable punishment— “(1) The Children Act 2004 is amended as follows. (2) In section 58 (Reasonable Punishment: England), omit subsections (1) to (4).”
“(2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers. (3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must— (a) make the recommended changes or otherwise implement the recommendations; or (b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.” This new clause would require the Secretary of State to consult on and publish a draft National Care Offer, which sets minimum standards for local care offers, within 18 months of this Act coming into force.”
“With this it will be convenient to discuss the following: Government new clause 19— Cases in which duty under section (Corporate parenting responsibilities)(1) does not apply. Government new clause 20— Corporate parenting duty: collaborative working. Government new clause 21 —Duty to have regard to guidance . Government new clause 22 —Reports by Secretary of State. New clause 3 —National Care Offer— “(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers).”
“That was most definitely Parliament at its best. Question put and agreed to. Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).”
“The Member in charge has given instruction earlier today that he wishes to defer his Bill to Friday 28 March and will not move Second Reading of the Bill today. We will therefore move on to the next Bill set down for today. Pets (Microchips) Bill Motion made, That the Bill be now read a Second time.”
“Order. I think eight Members are hoping to contribute. We will calibrate again. There will be a time limit of four minutes, because I want to make sure they all get in.”
“Due to the number of withdrawals, Members may have noticed that we have stopped the clocks timing speeches. There are two colleagues left, and I will allow you to police yourselves. Members on the Front Benches want to be up by 4.30 pm, so I will let you manage the time between yourselves.”
“I thank the hon. Member for his point of order. Now that he has put it on the record, it will be recorded as such. We come now to the Front-Bench contributions. I call the Liberal Democrat spokesperson.”
“The hon. Member will know that the content of statements that Ministers make is not the responsibility of the Chair, but he has put his comments on the record. Of course, he can go to the Table Office, which will give him further advice on how he can put in probing questions for further clarity. No doubt those on the Treasury Benches have heard him and will relay that information. I assume that the hon. Member alerted the Minister that he would raise this point of order. If not, he will no doubt do so very swiftly.”
“We have around 35 minutes remaining. Questions must be short and the Minister’s response must be on point and tight. I call the Father of the House.”
“Order. Just before the Minister responds, the hon. Member knows that he cannot use the term “deliberately misleading”. I ask him to withdraw that statement.”
“I am grateful to the right hon. Member for giving notice of her point of order. The Chair is not responsible for the accuracy of Ministers’ statements in the House, but she has put her point of order on the record. I do not believe that the Minister wishes to respond—”
“I thank the hon. Member for advance notice of her point of order. I know that she has been diligent in seeking advice on how and when to declare an interest. That is now on the record.”
“I am grateful to the right hon. Member for giving notice of his point of order. The Chair is not responsible for the accuracy of ministerial statements in the House, but he has put his point on the record and no doubt those on the Treasury Bench are taking note and listening.”
“New clause 77— Employment Law: Scotland Act — “(1) The Scotland Act 1998 is amended as follows— (2) In Schedule 5 of the Scotland Act 1998, omit section H1 (Employment and industrial relations).” This new clause would remove matters related to employment from the list of the reserved matters that remain the responsibility of the UK Parliament alone and would enable the Scottish Parliament to legislate on those matters .”
“(2) The Secretary of State must ensure that the circumstances under subsection (1), in which the right of a worker not to be subjected to detriment do not apply, are set out in a code of practice.” This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances. Government amendments 203 to 226 and 236 to 239. Government new schedule 2— Trade union recognition. Government amendments 247, 249, 251 to 261.”
“Amendment 300, clause 63, page 83, line 9, at end insert— “236E Actions short of a strike: exemption (1) The right of a worker not to be subjected to detriment under section 236A does not apply in cases where the worker is involved in one or more of the following activities— (a) intimidation at picket lines; (b) protests organised by trade unions in furtherance of a dispute— (i) at the premises of a company; (ii) at the private residences of senior managers; or (iii) at the premises of other organisations that are connected with the dispute; (c) harassment or bullying of non-striking workers, or those who are covering for striking workers; (d) victimisation or harassment of senior managers; or (e) action aimed at damaging property or disrupting business contingency planning.”
“(4) In section 231 (Information as to result of ballot), omit from “shall” to after “told” and insert— “display, reasonably prominently on its website, on a webpage reasonably easy to find and which is freely accessible to the general public—” (5) Omit section 231A.” This amendment would change the requirements for notification about the results of a union ballot. Amendment 346, clause 62, page 80, line 19, at end insert— “(3) In section 220 (Peaceful picketing)— (a) in subsection (1), after “attend”, insert “a place of work”; (b) omit subsections (1)(a) and (1)(b); and (c) omit subsections (2) to (4).” This amendment, along with amendment 348, would remove the restriction confining pickets to a worker’s place of work.”
“This amendment would leave out Clause 60 on electronic balloting for industrial action. NC99 is intended to replace clause 60. Government amendments 200 to 201. Amendment 297, clause 61, page 80, line 6, leave out “seventh” and insert “fourteenth”. This amendment would increase, from seven to 14 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action. Government amendment 202. Amendment 348, page 80, line 9, at end insert— “(3) The Trade Union and Labour Relations (Consolidation) Act 1992 is also amended as follows.”
“Amendment 293, page 73, line 6, leave out clause 54. Amendment 294, page 74, line 14, leave out clause 55. Amendment 296, clause 55, page 75, line 3, after “employee”, insert— “, and (c) in relation to a public sector employer, the performance condition is met. (3A) The performance condition is met if the Secretary of State is satisfied that the public sector employer is meeting any performance standards set out in a relevant enactment.” This amendment prevents facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance. Amendment 295, page 78, line 5, leave out clause 56. Amendment 299, page 78, line 30, leave out clause 58. Government amendments 192 to 199. Amendment 315, page 79, line 28, leave out clause 60.”
“Amendment 292, clause 52, page 71, line 6, at end insert— “(2A) In subsection (1) of section 82 (Rules as to political fund), after paragraph (d) insert— “(e) that trade union members who have not opted out of the political fund must signal, in writing, their agreement to continue contributing to the fund at the end of a period of 12 months after last opting into the fund, and (f) that trade union members must be given an annual notice about their right to opt out of the political fund. (1B) A notice under subsection (1)(f) must include a form that enables the member to opt out of the fund.”” This amendment would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in to the political fund from their members. Government amendments 186 to 191.”
“(2G) In paragraph 35(1) leave out “a collective agreement under which a union (or unions) are recognised as entitled to conduct collective bargaining” and substitute “a collective agreement under which an independent union (or independent unions) are recognised as entitled to conduct collective bargaining”. (2H) In paragraph 35(1) after “in the rules” insert “‘in relation to all pay, hours and holidays”. (2I) In paragraph 39(2)(a) leave out “years” and substitute “months”. (2J) In paragraph 40(2)(a) leave out “years” and substitute “months”. (2K) In paragraph 41(2)(a) leave out “years” and substitute “months”. This amendment makes changes to the Trade Union and Labour Relations (Consolidation) Act 1992 regarding union recognition and balloting. Amendment 291, page 71, line 1, leave out clause 52.”
“(4BB) It shall be unlawful to compel a worker or workers by threat of detriment or dismissal to attend any meeting in which the employer, its servants or agents expresses the view directly or indirectly that— (a) membership of a union or any union; or (b) recognition for the purposes of collective bargaining of a union or any union by the employer, is undesirable.” (2E) In paragraph 27B(2) leave out “must be made on or before the first working day after” and substitute “must be made within 20 working days after”. (2F) In paragraph 29 (collective bargaining: recognition) leave out sub-paragraph (3)(b).”
“(2C) In paragraph 26 after sub-paragraph (4) insert— “(3A) In the event that the union (or unions) consider that such access has been unreasonably refused, it (or they) may apply to the CAC for a declaration and order that access be granted and in the event that such a declaration or order is made and the union (or unions) consider that such a declaration or order has been breached it (or they) may apply to the High Court for relief.” (2D) In paragraph 26 after sub-paragraph (4B) insert— “(4BA) The sixth duty is to refrain from any act or omission, direct or indirect, likely to encourage a union member or members to resign from union membership or likely to discourage a person from joining a union or any particular union.”
“(2B) In paragraph 25 (collective bargaining: recognition)— (a) in sub-paragraph (3)(a) leave out “20 working days” and substitute “10 working days”, and (b) leave out sub-paragraph (3)(b). (c) after sub-paragraph (4)(a) insert “(aa) by secure electronic voting,” (d) in sub-paragraph (4)(c) leave out “and b” and substitute “to (c)” (e) after sub-paragraph (4)(c) insert— “(d) only amongst those who are employed in the proposed bargaining unit and were so employed at the time the application was made”.”
“New clause 70 is intended to replace clause 50. Government amendments 162 to 164. Amendment 282, clause 50, page 61, line 31, after “workplace” insert, or “(b) the right to use to any digital communications tools used by workers in the workplace.” This amendment aims to ensure that access for unions to workplaces includes digital means of communication with workers. Government amendments 165 to 185. Amendment 271, clause 51, page 69, line 18, at end insert— “(2A) In paragraph 22 (collective bargaining: recognition)— (a) leave out sub-paragraph (1)(b) and insert— “the CAC has evidence, which it considers to be credible, that a majority of workers constituting the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf’.” (b) leave out subparagraphs (3), (4) and (5).”
“(2) The review under subsection (1) must assess the impact of the single enforcement body with the impact between 2019 and 2025 of the following four enforcement bodies— (a) Gangmasters and Labour Abuse Authority (GLAA) (b) Employment Agencies Standards Inspectorate (EAS) (c) His Majesty’s Revenue and Customs (HMRC) (d) Health and Safety Executive (HSE) (3) The review under subsection (1) must have regard to— (a) business compliance costs (b) Employers’ compliance with employment law (c) the number of employees seeking support in relation to employment disputes.” This new clause would require the Secretary of State to review the impact of a single enforcement body compared with separate enforcement bodies within 3 months of the passage of this Act. Amendment 270, page 61, line 14 leave out clause 50.”
“New clause 111— Legal aid in employment tribunals — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a report on the options for expanding the right to legal aid in employment tribunals. (2) The report under subsection (1) must consider— (a) the impact employers' compliance with measures contained within this Act; and (b) the impact on employees’ personal finances.” This new clause would require the Secretary of State to report on the impact of expanding the right to legal aid in employment tribunals within 3 months of the passage of this Act. New clause 112— Review of single enforcement body — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of a single enforcement body as provided for under Part 5.”
“New clause 110— Review into the impact on small businesses — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of Part 4 (Trade Unions and Industrial Action, etc) of this Act on small and medium-sized enterprises. (2) The review under subsection (1) must have regard to— (a) administrative costs; (b) legal costs; and (c) tax changes affecting small and medium-sized enterprises taking effect from the 2025-26 financial year. (3) For the purposes of this section, small and medium-sized enterprises are businesses employing 250 or fewer employees.” This new clause would require the Secretary of State to publish a review on the impact of Part 4 of this Bill, on Trade Unions and Industrial Action, on SMEs within 3 months of the passage of this Act.”
“(b) omit “which relates wholly or mainly to” and substitute “connected with”. (5) In subsection (5) of section 244, omit “a worker employed by that employer” and substitute “a worker employed by an employer”.” This new clause would remove provisions that ban all forms of secondary action; make changes to the definition of “trade dispute”; enable industrial action to be taken to achieve recognition for collective bargaining; remove obligation on a TU to provide a ballot paper to the employer; give TUs more freedom to choose which constituencies they will ballot; and remove an obligation on the union in a long running dispute to re-run the ballot every six months.”
“(2) Omit— (a) section 224 (Secondary action) (b) 225 (Pressure to impose union recognition requirement) (c) 226A (Notice of ballot and sample voting paper for employers) (d) 228 (Separate workplace ballots), and (e) 228A (Separate workplaces: single and aggregate ballots). (3) In section 234 (Period after which ballot ceases to be effective), omit subsections (1) to (5) and substitute: “(1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded when─ (a) the dispute which gave rise to it ceases, or (b) the union has taken no steps to pursue the dispute for a period of six months.” (4) In subsection (1) of section 244, (Meaning of “trade dispute" in Part V)— (a) omit “a dispute between workers and their employer” and substitute “a dispute between workers and one or more employers”.”
“(2) After section 219, insert— “219A Right to strike Every worker shall have the right to take industrial action, whether or not in breach of any contract, subject to the provisions of this Part.” (3) Omit section 223 (Action taken because of dismissal for taking unofficial action).” This new clause would establish a clearer right to strike and remove provisions from the Trade Union and Labour Relations (Consolidation) Act 1992 that make strike action unlawful on the grounds that it turns out (retrospectively) that the action the worker took was unofficial. New clause 109— Industrial action and ballots — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.”
“(4) A part of a collective agreement which by virtue of subsection (3)(a) is not a legally enforceable contract may be referred to for the purpose of interpreting a part of the agreement which is such a contract.”” This new clause replaces Section 179 on whether agreement intended to be a legally enforceable contract in the Trade Union and Labour Relations (Consolidation) Act 1992 New clause 108— Industrial action: workers’ rights — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.”
“(3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall not be a legally enforceable contract, then— (a) the specified part or parts shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract, and (b) the remainder of the agreement shall be conclusively presumed to have been intended by the parties to be such a contract.”
“(2) For section 179, substitute— “179 Whether agreement intended to be a legally enforceable contract (1) A collective agreement shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract unless the agreement— (a) is in writing, and (b) contains a provision which (however expressed) states that the parties do not intend that the agreement shall be a legally enforceable contract. (2) A collective agreement which satisfies those conditions shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.”