(1) In this Act, "employees' representative" means an employee elected or appointed for the purposes of this Act.

(2) Subject to subsections (3) and (4), the employer shall arrange for the election or appointment of one or more than one employees' representative under this section.

(3) Without prejudice to section 11, where it is the practice of the employer to conduct collective bargaining negotiations with a trade union or excepted body, employees who are members of a trade union or excepted body that represents 10 per cent or more of the employees in the undertaking shall be entitled to elect or appoint from amongst their members one or more than one employees' representative for the purposes of this Act.

(4) The number of employees' representatives (if any) elected or appointed under subsection (3) shall be determined on a pro rata basis by reference to the number of other employees' representatives (if any) elected or appointed under this section.