Registered Agreements
Part III Industrial Relations Act 1946 (as amended)
PART III.
Agreements Relating to Wages and Conditions of Employment.
Annotations:
Amendments:
F19
Deleted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(a), S.I. No. 302 of 2012.
F20
Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(b), S.I. No. 302 of 2012.
Modifications (not altering text):
C16
Principle of equality applied to registered employment agreements by Pensions Act 1990 (25/1990), s. 74 as substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 81C, S.I. No. 141 of 2004.
Principle of equal pension treatment and collective agreements, etc.
81C.—(1) Subject to subsection (3)—
(a) if a rule or term of an agreement or order to which this section applies would not, if it were a rule of a scheme, comply with the principle of equal pension treatment on the gender ground, it shall, to the extent that it would not so comply, be rendered null and void and the provisions of section 80(1), (2), (5) and (6) shall apply to that rule or term as they apply to a rule of a scheme in respect of employees,
(b) if a rule or a term of an agreement or order to which this section applies would not, if it were the rule of a scheme, comply with the principle of equal pension treatment on any ground other than the gender ground, it shall, to the extent that it would not so comply, be rendered null and void and the provisions of section 81(1), (2), (3) and (5) shall apply to that rule or term as they apply to a rule of a scheme in respect of employees.
(2) This section applies to—
(a) a collective agreement relating to employees,
(b) an employment regulation order within the meaning of Part IV of the Act of 1946, and
(c) a registered employment agreement within the meaning of Part III of that Act.
…
Editorial Notes:
E22
Declared unconstitutional: Part III was declared unconstitutional (9.05.2013) in McGowan & Ors v The Labour Court, Ireland, the Attorney General & Ors [2013] IESC 21. Meanwhile the Industrial Relations (Amendment) Act 2012 (32/2012) was enacted and included amendments to address issues raised in the case.
Definitions for purposes of Part III.
25.—In this Part—
the expression “employment agreement” means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers;
the expression “the register” means the Register of Employment Agreements;
F19[…]
F20[ the expression ‘registered employment agreement’ means—
(a) in the case of an agreement registered before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, an employment agreement for the time being registered in the register, and
(b) in the case of an agreement registered after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, an employment agreement for the time being registered in the register, the terms of which have been confirmed by order of the Minister under section 27,
and the word ‘registered’ shall be construed accordingly. ]
Annotations:
Amendments:
F19
Deleted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(a), S.I. No. 302 of 2012.
F20
Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(b), S.I. No. 302 of 2012.
Registration of Employment Agreements.
26.—The Court shall maintain a register to be known as the Register of Employment Agreements.
Registration of employment agreements.
27.—(1) Any party to an employment agreement may apply to the Court to register the agreement in the register.
F21[(2) Every application to register an employment agreement shall be accompanied by—
(a) a copy of the agreement, and
(b) confirmation, in such form and accompanied by such documentation as the Court may specify, that the parties to the agreement are substantially representative of the workers and employers in the class, type or group to which the agreement is expressed to apply, ]
(3) Where an application is duly made to the Court to register in the register an employment agreement, the Court shall, subject to the provisions of this section, register the agreement in the register if it is satisfied—
(a) that, in the case of an agreement to which there are two parties only, both parties consent to its registration and, in the case of an agreement to which there are more than two parties, there is substantial agreement amongst the parties representing the interests of workers and employers, respectively, that it should be registered,
F22[(aa) that it is appropriate to do so having regard to the matters specified in subsections (3A) and (3B), ]
(b) that the agreement is expressed to apply to all workers of a particular class, type or group and their employers where the Court is satisfied that it is a normal and desirable practice or that it is expedient to have a separate agreement for that class, type or group,
(c) that the parties to the agreement are substantially representative of such workers and employers,
(d) that the agreement is not intended to restrict unduly employment generally or the employment of workers of a particular class, type or group or to ensure or protect the retention in use of inefficient or unduly costly machinery or methods of working,
(e) that the agreement provides that if a trade dispute occurs between workers to whom the agreement relates and their employers a strike or lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement, and
(f) that the agreement is in a form suitable for registration.
F22[(3A) The Court shall not register an agreement under subsection (3) unless it is satisfied that—
(a) the parties to the agreement are substantially representative of the workers and employers in the sector in question, and in satisfying itself in that regard the Court shall take into consideration—
(i) the number of workers represented by the trade union party, and
(ii) the number of workers employed by the employer or the number of workers employed by employers represented by a trade union of employers,
in the class, type or group of workers to which the agreement is expressed to apply, and
(b) registration of the agreement is likely to promote—
(i) harmonious relations between workers and employers, and
(ii) the avoidance of industrial unrest.
(3B) When considering whether it is appropriate to register an agreement under subsection (3), other than an agreement applying to a single employer, the Court shall have regard to the following:
(a) that the agreement will be binding on all workers and employers in the sector in question;
(b) the desirability of maintaining established arrangements for collective bargaining;
(c) the benefits of consultation between worker and employer representatives at enterprise and sectoral level;
(d) the experience of registration and variation of employment agreements in the sector in question;
(e) the potential impact on employment levels in the sector in question of registering an employment agreement;
(f) the desirability of agreeing and maintaining fair and sustainable rates of remuneration in the sector in question;
(g) the desirability of maintaining competitiveness in the sector in question;
(h) the levels of employment and unemployment in the sector in question;
(i) the terms of any relevant national agreement relating to pay and conditions for the time being in existence;
(j) the general level of wages in comparable sectors;
(k) where enterprises in the sector in question are in competition with enterprises in another Member State, the general level of wages in the enterprises in that other Member State taking into account the cost of living in the Member State concerned., ]
(4) Where an application is made to the Court to register an employment agreement, the Court shall direct such parties thereto as the Court shall specify to publish specified particulars of the agreement in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned.
(5) (a) The Court shall not register an employment agreement until the lapse of fourteen days after publication of particulars of the agreement in accordance with subsection (4) of this section.
(b) If within that period the Court receives notice of an objection to the agreement being registered, the Court shall, unless it considers the objection frivolous, consider the objection and shall hear all parties appearing to the Court to be interested and desiring to be heard, and if, after such consideration, the Court is satisfied that the agreement does not comply with the requirements specified in subsection (3) of this section, the Court shall refuse to register the agreement.
F22[(5A) (a) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court registers an employment agreement, the Court shall forward a copy of the agreement to the Minister.
(b) As soon as practicable after receipt of a copy of the agreement, the Minister shall, where he or she is satisfied that subsections (1) to (5) have been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the agreement, from such date (on or after the date of the order) as the Minister shall specify in the order.
(c) Where the Minister is not satisfied that subsections (1) to (5) have been complied with, or where he or she considers that it is not appropriate to confirm the terms of the agreement, he or she shall—
(i) refuse to make an order to confirm the terms of the agreement, and
(ii) notify the Court in writing of his or her decision and the reasons for the decision.
(d) Every order under paragraph (b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(e) Nothing in this subsection shall affect the validity of an employment agreement registered before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012. ]
(6) A registered employment agreement shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by another Part of this Act or by any other Act.
F22[(7) A registered employment agreement may provide that an employer may apply to the Court under section 33A for an exemption from the obligation to pay the rate of remuneration provided by the agreement. ]
Annotations:
Amendments:
F21
Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012) s. 5(a), S.I. No. 302 of 2012.
F22
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 5(b)-(e), S.I. No. 302 of 2012.
Modifications (not altering text):
C17
Application of section restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 43(3), S.I. No. 96 of 2000.
Repercussive claims.
43.— …
(3) The Labour Court shall not register an employment agreement under section 27 of the Industrial Relations Act, 1946, or vary such an agreement under section 28 of that Act if, in the view of the Labour Court, the agreement or variation, or part of the agreement or variation, is based on or partly on the restoration of a pay differential between an employee and another employee who has secured or is to secure an increase in pay as the result of the passing of this Act.
…
Variation of registered employment agreement.
F23[28.— (1) Subject to this section, any party to a registered employment agreement may apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.
(2) Where all parties to the registered employment agreement agree to vary the agreement in the terms of the proposed application, the Court shall within 6 weeks of receipt of an application under subsection (1) consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard.
(3) Not later than 4 weeks after considering an application under subsection (2) and where it is satisfied that it is appropriate to do so having regard to the matters specified in subsections (3A) and (3B) of section 27, the Court shall, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.
(4) Where a party to a registered employment agreement wishes to apply to the Court to vary the agreement, and the other party or parties to the agreement do not agree with the proposed variation, a party to the agreement may invoke the dispute resolution procedures contained in the agreement.
(5) Where the parties to the registered employment agreement have complied with subsection (4) and have failed to reach agreement, a party to the agreement may refer the dispute to the Labour Relations Commission for conciliation.
(6) Following a referral of a dispute to the Labour Relations Commission under subsection (5), where the parties to the dispute have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Industrial Relations Act 1990, the Commission shall request the Court to investigate the dispute.
(7) On receipt of a report under subsection (6), the Court shall consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard, and the Court shall, within 6 weeks of receipt of the report, issue a recommendation to the parties to the registered employment agreement setting out its opinion on the merits of the dispute and the terms on which it should be settled.
(8) Where, 6 weeks after the date on which a recommendation under subsection (7) has issued, the dispute has not been resolved, a party to the agreement may apply to the Court to vary the agreement in the terms of the Court’s recommendation.
(9) The Court shall consider an application under subsection (8) and shall hear all persons appearing to the Court to be interested and desiring to be heard, and after such consideration, where it is satisfied that it is appropriate to do so having regard to the matters set out in subsections (3A) and (3B) of section 27, the Court may, within 6 weeks of receipt of the application, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.
(10) (a) An employer to whom a registered employment agreement applies who is not a party to the agreement may, subject to this subsection, apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.
(b) The Court shall not hear an application under paragraph (a) unless the applicant satisfies the Court that since the date on which the employment agreement was registered or last varied under this section there has been a substantial adverse change in the economic circumstances of the sector to which it relates.
(c) Where the Court is satisfied pursuant to paragraph (b) it shall notify the parties to the agreement of the application.
(d) The Court shall, within 6 weeks of notification of the parties pursuant to paragraph (c), hear all persons appearing to the Court to be interested and desiring to be heard, and where it is satisfied that it is appropriate to do so having regard to subsections (3A)(b) and (3B) of section 27, the Court shall, not later than 4 weeks after hearing the relevant persons, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.
(e) An employer may not make an application under paragraph (a) in respect of a registered employment agreement until at least 12 months after—
(i) the date on which the agreement was registered or last varied under this section, or
(ii) the date on which any previous application under paragraph (a) in respect of the agreement was refused by the Court,
whichever is the later.
(11) (a) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court makes an order varying an agreement (in this subsection referred to as a ‘variation order’) the Court shall forward a copy of the variation order to the Minister.
(b) As soon as practicable after receipt of a copy of a variation order, the Minister shall, where he or she is satisfied that this section has been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the variation order, and the order shall have effect from such date (on or after the date of the order) as the Minister shall specify in the order.
(c) Where the Minister is not satisfied that this section has been complied with, or where he or she considers that it is not appropriate to confirm the terms of the variation order, he or she shall—
(i) refuse to make an order to confirm the terms of the variation order, and
(ii) notify the Court in writing of his or her decision and the reasons for the decision.
(d) Every order under paragraph (b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(e) Nothing in this subsection shall affect the validity of an order varying a registered employment agreement made before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012. ]
Annotations:
Amendments:
F23
Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 6, S.I. No. 302 of 2012.
Modifications (not altering text):
C18
Application of section restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 43(3), S.I. No. 96 of 2000.
Repercussive claims.
43.— …
(3) The Labour Court shall not register an employment agreement under section 27 of the Industrial Relations Act, 1946, or vary such an agreement under section 28 of that Act if, in the view of the Labour Court, the agreement or variation, or part of the agreement or variation, is based on or partly on the restoration of a pay differential between an employee and another employee who has secured or is to secure an increase in pay as the result of the passing of this Act.
…
Cancellation of registration.
29.—(1) The registration of an employment agreement may be cancelled by the Court on the joint application of all parties thereto if the Court is satisfied that the consent of all such parties to its cancellation has been given voluntarily.
F24[(2) The Court may on its own initiative or on written application to it by an interested party and shall, at the request of the Minister, review a trade or business to which a registered employment agreement relates.
(2A) For the purposes of a review under subsection (2), the Court may commission a report in relation to the circumstances of the trade or business concerned and shall hear all persons appearing to the Court to be interested and desiring to be heard.
(2B) Following a review under subsection (2), the Court may where it is satisfied that it is appropriate to do so—
(a) having regard to the matters specified in subsection (3A) of section 27 and the findings contained in any report commissioned under subsection (2A), and
(b) having considered any submissions made by interested persons,
cancel the registration of an employment agreement if satisfied that there has been such substantial change in the circumstances of the trade or business to which it relates that it is undesirable to maintain registration. ]
(3) Where a registered employment agreement does not provide for its duration or termination, the Court may, after the lapse of twelve months from the date of registration, cancel the registration on the application, made after six months’ notice to the Court, of all parties thereto representative of workers or of employers.
(4) (a) Where a registered employment agreement is expressed to be for a specified period, it shall, if in force at the end of that period, and notwithstanding any provision that it shall cease to have effect at the expiration of such period, continue in force until its registration is cancelled in accordance with this Part.
(b) The registration of an employment agreement continued in force under paragraph (a) of this subsection may be cancelled by the Court on the application of any party thereto, made after three months’ notice to the Court, and consented to by all parties thereto representative of workers or of employers.
(5) Where a registered employment agreement is terminated by any party thereto in accordance with its terms, the Court shall, on receiving notice of the termination, cancel the registration.
F25[(6) The Court may cancel the registration of an employment agreement if it is satisfied, having regard to section 27(3A)(a), that the trade union of workers or employers or trade union of employers who were parties to the agreement are no longer substantially representative of the workers or employers concerned.
(7) (a) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court cancels the registration of an employment agreement, the Court shall forward a copy of the cancellation to the Minister.
(b) As soon as practicable after receipt of a copy of the cancellation, the Minister shall, where he or she is satisfied that the relevant provisions of this section have been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the cancellation, from such date (on or after the date of the order) as the Minister shall specify in the order.
(c) Where the Minister is not satisfied that the relevant provisions of this section have been complied with, or where he or she considers that it is not appropriate to confirm the terms of the cancellation, he or she shall—
(i) refuse to make an order to confirm the terms of the cancellation, and
(ii) notify the Court in writing of his or her decision and the reasons for the decision.
(d) Every order under paragraph (b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. ]
Annotations:
Amendments:
F24
Substituted and inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 7(a), S.I. No. 302 of 2012.
F25
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012, (32/2012) s. 7(b), S.I. No. 302 of 2012.
Adaptation of contracts upon registration of employment agreement.
30.—(1) A registered employment agreement shall, so long as it continues to be registered, apply, for the purposes of this section, to every worker of the class, type or group to which it is expressed to apply, and his employer, notwithstanding that such worker or employer is not a party to the agreement or would not, apart from this subsection, be bound thereby.
(2) If a contract between a worker of a class, type or group to which a registered employment agreement applies and his employer provides for the payment of remuneration at a rate (in this subsection referred to as the contract rate) less than the rate (in this subsection referred to as the agreement rate) provided by such agreement and applicable to such worker, the contract shall, in respect of any period during which the agreement is registered, have effect as if the agreement rate were substituted for the contract rate.
(3) If a contract between a worker of a class, type or group to which a registered employment agreement applies and his employer provides for conditions of employment (in this subsection referred to as the contract conditions) less favourable than the conditions (in this subsection referred to as the agreement conditions) fixed by the agreement and applicable to such worker, the contract shall in respect of any period during which the agreement is registered, have effect as if the agreement conditions were substituted for the contract conditions.
Publication of particulars in relation to employment agreements
31.—(1) When an employment agreement is registered the Court shall publish in such manner as it thinks fit notice of the registration together with such particulars of the agreement as the Court considers necessary.
(2) When a registered employment agreement is varied the Court shall publish in such manner as it thinks fit notice of the variation together with such particulars of the variation as the Court considers necessary.
(3) When the registration of an employment agreement is cancelled the Court shall publish in such manner as it thinks fit notice of the cancellation.
(4) The Court may from time to time publish in such manner as it thinks fit lists of registered employment agreements together with such particulars of the agreements as the Court considers necessary.
(5) The Court shall cause to be supplied to any person who applies therefor and pays the prescribed fee a copy of a registered employment agreement.
Annotations:
Editorial Notes:
E23
Provision for proof of registered employment agreements by publication in the Iris Oifigiúil and other means made (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 53, commenced on enactment.
E24
Fee under subs. (5) prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 11.
Breaches of registered employment agreements.
32.—(1) If a trade union representative of workers affected by a registered employment agreement complains to the Court that any employer of any class to which the agreement relates has failed or neglected to comply with the agreement, the following provisions shall have effect—
(a) the Court shall consider the complaint, and shall hear all persons appearing to the Court to be interested and desiring to be heard;
(b) if, after such consideration, the Court is satisfied that the complaint is well-founded, the Court may by order direct the said employer to do such things (including the payment of any sum due to a worker for remuneration in accordance with the agreement) as will in the opinion of the Court result in the said agreement being complied with by the said employer.
(2) If an employer or a trade union representative of employers affected by a registered employment agreement complains to the Court that a trade union representative of workers affected by the agreement is promoting or assisting out of its funds in the maintenance of a strike which to the knowledge of the general committee of management of the trade union of workers is in contravention of the agreement and which has for its object the enforcement of a demand on an employer to grant to a worker remuneration or conditions other than those fixed by the agreement, the following provisions shall have effect—
(a) the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;
(b) if, after such consideration, the Court is satisfied that the complaint is well-founded—
(i) the Court may, by order, direct the said trade union of workers to refrain from assisting out of its funds in the maintenance of the said strike;
(ii) the Court may cancel the registration of the agreement.
(3) Where—
(a) a strike continues after the Court has made an order under subsection (2) of this section in respect of the strike, and
(b) members of a trade union of workers, whose rates of remuneration or conditions of employment are not the subject of the strike, are unable or decline to work while the strike continues,
then, the payment to those members of strike benefit in accordance with the rules of the trade union shall not be regarded, for the purposes of this section, as assisting in the maintenance of the strike.
F26[(4) If an employer fails to comply with an order under paragraph (b) of subsection (1) within 28 days from the date on which the terms of the order are communicated to the parties, the Circuit Court shall, on application to it in that behalf by—
(a) the worker concerned (or, in the case of a worker who has not reached the age of 18 years, the worker’s parent or guardian with his or her consent),
(b) with the consent of the worker, any trade union of which the worker is a member, or
(c) the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances,
without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to comply with the terms of the order.]
F27[(5) The reference in subsection (4) to an order of the Labour Court is a reference to such order in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought it has been abandoned and the references to the date on which the terms of the order are communicated to the parties shall, in a case where such an appeal is abandoned, be construed as references to the date of such abandonment.
(6) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the worker concerned interest on the compensation at the rate specified for the time being in section 26 of the Debtors (Ireland) Act 1840, in respect of the whole or any part of the period beginning 6 weeks after the date on which the order of the Labour Court is communicated to the parties and ending on the date of the order under this section.
(7) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade, business or occupation.]
Annotations:
Amendments:
F26
Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 8(a), S.I. No. 302 of 2012.
F27
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 8(b), S.I. No. 302 of 2012.
Modifications (not altering text):
C19
Amount of fine in subs. (4) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 6, commenced on enactment.
Increase of fines.
4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.
…
First Schedule
Use of powers of inspection for enforcement of section provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 52, commenced on enactment.C20
Powers of inspection for enforcement of registered employment agreement.
52.—The powers of inspection given to inspectors by section 12 of the Industrial Relations Act, 1969, shall be exercisable for the purpose of enforcing the provisions of section 32 of the Industrial Relations Act, 1946, and section 51 of this Act and the said section 12 and this section shall be construed as one section.
Interpretation of registered employment agreements.
33.—(1) The Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person.
(2) A court of law, in determining any question arising in proceedings before it as to the interpretation of a registered employment agreement or its application to a particular person, shall have regard to any decision of the Court on the said agreement referred to it in the course of the proceedings.
(3) If any question arises in proceedings before a court of law as to the interpretation of a registered employment agreement or its application to a particular person, the court of law may, if it thinks proper, refer the question to the Court for its decision, and the decision of the Court thereon shall be final.
F28[Exemption from obligation to pay rate of remuneration provided by registered employment agreement.
33A.— (1) Where a registered employment agreement provides that an employer may apply to the Court under this section, the Court may in accordance with this section exempt an employer from the obligation to pay the rate of remuneration provided by a registered employment agreement in respect of a worker or number of workers.
(2) An exemption under subsection (1) shall remain in force for such period, being not less than 3 months and not more than 24 months from the date on which the exemption is granted, as is specified in the exemption.
(3) (a) Subject to paragraph (b) the Court shall not grant an exemption to an employer under subsection (1) if the employer has been granted an exemption in respect of the same worker or workers under that subsection within the previous 5 years.
(b) Where an exemption under subsection (1) has been granted for a period of less than 24 months, an employer or employer’s representative with the employer’s consent may, prior to the date on which the exemption is due to expire, apply to the Court to extend the period of the exemption for an additional period.
(c) Where an application is made under paragraph (b) the Court shall not extend the period of the exemption for more than 24 months from the date on which the exemption was granted.
(d) Where the period of the exemption has been extended by the Court under paragraph (b), the Court shall not further extend the period.
(4) An employer or employer’s representative with the employer’s consent may, in the manner and form approved by the Court, apply to the Court for an exemption under subsection (1).
(5) An application under subsection (4) shall be accompanied by—
(a) a current tax clearance certificate under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997 in respect of the employer concerned, and
(b) such information, particulars and documentation as the Court may reasonably require for the purpose of determining whether an exemption under subsection (1) should be granted, in particular such information in relation to the employer, his or her business and the potential impact of an exemption, as the Court may direct.
(6) On receiving an application under subsection (4) the Court shall convene a hearing of parties to the application and shall give its decision on the application in writing to the parties.
(7) Subject to subsection (8) the Court shall not grant an exemption under subsection (1) unless it is satisfied that—
(a) where the employer makes an application he or she has entered into an agreement with—
(i) the majority of the workers,
(ii) the representative of the majority of the workers, or
(iii) a trade union representing the majority of the workers,
in respect of whom the exemption is sought, whereby the workers, the representative of the workers or the trade union, consents to the employer making the application, and to abide by any decision on the application that the Court may make, and
(b) the employer’s business is experiencing severe economic difficulties.
(8) Notwithstanding subsection (7), where the Court is not satisfied that the majority of the workers, their representatives or a trade union representing the majority of the workers consent to an application under that subsection, the Court may grant an exemption under subsection (1), provided the Court is satisfied that:
(a) the employer has informed the workers concerned of the financial difficulties of the business and has attempted to come to an agreement with the workers concerned in relation to a reduction of the rate of remuneration provided by the registered employment agreement,
(b) the employer is unable to maintain the terms of the registered employment agreement, and
(c) were the employer compelled to comply with the terms of the registered employment agreement concerned there would be a substantial risk that—
(i) a significant number of the workers concerned would be laid off or made redundant, or
(ii) the sustainability of the employer’s business would be significantly adversely affected.
(9) In considering whether to grant an exemption under subsection (1), the Court shall have regard to the following:
(a) whether, if an exemption was granted, it would have an adverse effect on employment levels and distort competition in the sector to the detriment of employers not party to the application, who are also subject to the registered employment agreement concerned,
(b) the long term sustainability of the employer’s business, were such an exemption to be granted, and
(c) any other matters the Court considers relevant.
(10) An exemption under subsection (1) shall specify:
(a) the names and employment positions occupied by the workers to whom the exemption applies;
(b) the duration of the exemption; and
(c) the minimum rates of remuneration to be paid to the worker or workers during the period of the exemption and the worker or workers shall be entitled to be paid at not less than that rate accordingly.
(11) Notwithstanding anything in this section, an exemption under subsection (1) shall not—
(a) specify an hourly rate of pay which is less than that declared by order for the time being in force under section 11 of the National Minimum Wage Act 2000, or
(b) reduce pension contributions paid by the employer on behalf of the worker or workers concerned.
(12) Where during the period of an exemption under this section a new worker replaces a worker to whom the exemption relates, the employer may pay the new worker the hourly rate of pay specified by the Court in respect of the former worker and shall, as soon as practicable, notify the Court in writing of the employment of the new worker.
(13) Where a contract between an employer and a worker specified in an exemption under subsection (1), provides for the payment of remuneration at more than the rate provided by such exemption, the contract shall, in respect of any period during which the exemption is in force, have effect as if the rate provided for by such exemption and applicable to such worker were substituted for the rate provided for by the contract.
(14) The Court shall establish its own procedures for the hearing of applications, and in relation to incidental matters to be dealt with, under this section.
(15) The Court shall establish and maintain a register of all exemptions under this section and shall make the register available for examination by members of the public at such place and during such reasonable times as it thinks fit.
(16) No appeal shall lie from a decision of the Court under this section except to the High Court on a point of law. ]
Annotations:
Amendments:
F28
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 9, S.I. No. 302 of 2012.
The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.