Joint Labour Committees

Index

Part IV Industrial Relations Act 1946

(as amended)

PART IV.

REGULATION BY THE COURT OF REMUNERATION AND CONDITIONS OF EMPLOYMENT OF CERTAIN WORKERS.

Definitions.

Annotations:

Amendments:

F29

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 10, S.I. No. 302 of 2012.

Modifications (not altering text):

C21

Principle of equality applied to employment regulation orders 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.

…

C22

Provision for constitution and proceedings of Joint Labour Committees made (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 44 and sch. 5, commenced on enactment.

Constitution and proceedings of joint labour committees.

44.—The provisions of the Fifth Schedule to this Act shall have effect with respect to the constitution and proceedings of joint labour committees.

Editorial Notes:

E25

Part included in definition of “employment enactments” and “relevant enactments” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

Definitions for purposes of Part IV.

34.—In this Part—

F29[ the expression “employment regulation order” means an order made under section 42C (inserted by section 12of the Industrial Relations (Amendment) Act 2012) of this Act;]

the expression “establishment order” means an order made under section 35 of this Act;

the word “inspector” means a person appointed an inspector under section 51 of this Act;

the expression “joint labour committee” means a committee established under section 35 of this Act;

the expression “statutory conditions of employment” means, in relation to a worker to whom an employment regulation order, which fixes conditions of employment, applies, the conditions of employment fixed by the order in respect of that worker;

the expression “statutory minimum remuneration” means, in relation to a worker to whom an employment regulation order, which fixes remuneration, applies, the remuneration fixed by the order in respect of that worker.

Annotations:

Amendments:

F29

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 10, S.I. No. 302 of 2012.

Modifications (not altering text):

C23

Definition of “joint labour committee” extended (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

(2) Sections 35 to 40 of the Principal Act shall not apply to the joint labour committee established under this section but that committee shall, subject to section 5 of this Act, be deemed to be a joint labour committee within the meaning of section 34 of the Principal Act.

Joint Labour Committees.

Power of the Court to establish joint labour committees.

35.—Subject to the provisions of this Part, the Court may by order establish a committee to perform, in relation to the class, type or group of workers described in the order and their employers, the functions assigned to it by this Part.

Annotations:

Modifications (not altering text):

C24

Application of section restricted (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Editorial Notes:

E26

Power pursuant to section exercised (10.02.2009) by Hairdressing Joint Labour Committee Establishment Order 2009 (S.I. No. 45 of 2009).

E27

Power pursuant to section exercised (26.08.2008) by Clothing Joint Labour Committee Establishment Order 2008 (S.I. No. 329 of 2008).

E28

Power pursuant to section exercised (14.09.2007) by Contract Cleaning Joint Labour Committee Establishment Order 2007 (S.I. No. 626 of 2007).

E29

Power pursuant to section exercised (16.10.1998) by Security Industry Joint Labour Committee Establishment Order 1998 (S.I. No. 377 of 1998).

E30

Power pursuant to section exercised (1.05.1997) by Hotels Joint Labour Committee (For the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire) Establishment Order 1997 (S.I. No. 174 of 1997).

E31

Power pursuant to section exercised (27.11.1992) by Catering Joint Labour Committee (County Borough of Dublin and The Borough of Dun Laoghaire) Establishment Order 1992 (S.I. No. 351 of 1992).

E32

Power pursuant to section exercised (2.04.1991) by Retail Grocery and Allied Trades Joint Labour Committee Establishment Order 1991 (S.I. No. 58 of 1991).

E33

Power pursuant to section exercised (8.07.1977) by Catering Joint Labour Committee Establishment Order 1977 (S.I. No. 225 of 1977), as amended (1.09.1992) by Catering Joint Labour Committee Establishment (Amendment) Order 1992 (S.I. No. 236 of 1992).

E34

Power pursuant to section exercised (23.04.1965) by Hotels Joint Labour Committee Establishment Order 1965 (S.I. No. 81 of 1965).

E35

Power pursuant to section exercised (8.11.1960) by Provender Milling Joint Labour Committee Establishment Order 1960 (S.I. No. 223 of 1960).

E36

Power pursuant to section exercised (6.11.1947) by Law Clerks Joint Labour Committee (Establishment) Order 1947 (S.I. No. 308 of 1947).

E37

Previous affecting provision: power pursuant to section exercised (30.12.1999) by Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee Establishment Order 1999 (S.I. No. 405 of 1999); Committee abolished (14.09.2007) by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 623 of 2007).

E38

Previous affecting provision: power pursuant to section exercised (30.04.1984) by Contract Cleaning (City and County of Dublin) Joint Labour Committee Establishment Order 1984 (S.I. No. 105 of 1984); Committee abolished (14.09.2007) by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 624 of 2007).

E39

Previous affecting provision: power pursuant to section exercised (8.07.1977) by Hairdressing (Cork County Borough) Joint Labour Committee Establishment Order 1977 (S.I. No. 226 of 1977); Committee abolished (10.02.2009) by Hairdressing (Cork County Borough) Joint Labour Committee (Abolition) Order 2009 (S.I. No. 43 of 2009).

E40

Previous affecting provision: power pursuant to section exercised (8.09.1964) by Hairdressing Joint Labour Committee Establishment Order 1964 (S.I. No. 212 of 1964); Committee abolished (10.02.2009) by Hairdressing Joint Labour Committee (Abolition) Order 2009 (S.I. No. 44 of 2009).

E41

Previous affecting provision: power pursuant to section exercised (29.05.1957) by Messengers (Waterford City) Joint Labour Committee Establishment Order 1957. (S.I. No. 118 of 1957); Committee abolished (13.02.1984) by Messengers (Waterford City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 42 of 1984).

E42

Previous affecting provision: power pursuant to section exercised (29.05.1957) by Messengers (Limerick City) Joint Labour Committee Establishment Order 1957 (S.I. No. 119 of 1957); Committee abolished (13.02.1984) by Messengers (Limerick City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 41 of 1984).

E43

Power pursuant to section exercised (20.05.1950) by Messengers (Dublin City and Dun Laoghaire) Joint Labour Committee Establishment Order 1950 (S.I. No. 128 of 1950); Committee abolished (29.08.1988) by Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee (Abolition) Order 1988 (S.I. No. 206 of 1988).

E44

Previous affecting provision: power pursuant to section exercised (19.01.1948) by Creameries Joint Labour Committee Establishment Order 1948 (S.I. No. 173 of 1948); Committee abolished (18.12.1978) by Creameries Joint Labour Committee (Abolition) Order 1978 (S.I. No. 340 of 1978).

E45

Previous affecting provision: power pursuant to section exercised (6.11.1947) by Messengers (Cork City Area) Joint Labour Committee Establishment Order 1947 (S.I. No. 298 of 1947); Committee abolished (13.02.1984) by Messengers (Cork City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 40 of 1984).

Applications for establishment orders.

36.—An application for the establishment of a joint labour committee with respect to any workers and their employers may be made to the Court by—

(a) the Minister, or

(b) a trade union, or

(c) any organisation or group of persons claiming to be representative of such workers or of such employers.

Annotations:

Modifications (not altering text):

C25

Application of section restricted (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Restrictions on making establishment orders.

37.—The Court shall not make an establishment order in respect of any workers and their employers unless the Court is satisfied—

(a) in case the application is made by an organisation or a group of persons claiming to be representative of such workers or such employers, that the claim is well-founded, and

(b) that either—

(i) there is substantial agreement between such workers and their employers to the establishment of a joint labour committee, or

(ii) the existing machinery for effective regulation of remuneration and other conditions of employment of such workers is inadequate or is likely to cease or to cease to be adequate, or

(iii) having regard to the existing rates of remuneration or conditions of employment of such workers or any of them, it is expedient that a joint labour committee should be established

Annotations:

Modifications (not altering text):

C26

Application of section restricted (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Inquiry into application for an establishment order.

38.—Where an application is duly made to the Court for an establishment order, the Court shall consider such application and, subject to section 37 of this Act, the following provisions shall have effect—

(a) the Court shall, after consultation with such parties as it thinks necessary, prepare a draft establishment order (in this section referred to as the draft),

(b) the Court shall publish in the prescribed manner a notice setting out—

(i) that the Court proposes to hold an inquiry into the application,

(ii) the day (which F30[shall be not less than thirty days from the date of publication of the notice or later than sixty days from the receipt of the application by the Court]) and time and place at which the inquiry will be held,

(iii) the place where copies of the draft may be obtained,

(c) objections to the draft may, before the date for the holding of the inquiry, be submitted to the Court, and every such objection shall be in writing and state the grounds of objections and the omissions, additions or modifications asked for,

(d) the Court shall hold the inquiry on the day so specified in the notice and consider any objections to the draft which have been submitted in accordance with paragraph (c) of this section.

Annotations:

Amendments:

F30

Substituted (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 45(1), commenced on enactment.

Modifications (not altering text):

C27

Application of section modified (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 45, commenced on enactment.

Making of establishment orders.

45.—(1) The day for the holding of an enquiry into an application for an establishment order under section 38 of the Industrial Relations Act, 1946 , to be set out in a notice under that section shall be not less than thirty days from the date of publication of the notice or later than sixty days from the receipt of the application by the Court and section 38 (b) (ii) of the section shall stand amended accordingly.

(2) The Court shall make an establishment order, or make known its decision not to do so, within forty-two days of the completion of the enquiry held in accordance with the said section 38.

C28

Application of section restricted (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Editorial Notes:

E46

Procedure for publication of notices under section prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 4.

Making of establishment orders.

F31[39. (1) Where the Court has held, in pursuance of section 38 of this Act, an inquiry into an application for an establishment order, the Court may, subject to section 37 of this Act, if it is satisfied that to do so would promote harmonious industrial relations between workers and employers and assist in the avoidance of industrial unrest, make a recommendation to the Minister in either the terms of the draft establishment order prepared in accordance with section 38 or with such modifications of those terms as it considers necessary.

(2) Where the Court makes a recommendation under subsection (1), it shall forward a copy of the recommendation to the Minister.

(3) As soon as practicable after receipt of a copy of a recommendation under subsection (2), the Minister shall, where he or she is satisfied that subsection (1) has been complied with, and where he or she considers it appropriate to do so, make an order in the terms of the recommendation.

(4) Where the Minister is not satisfied that subsection (1) has been complied with, or where he or she considers that it is not appropriate to make an order in the terms of the recommendation, he or she shall—

(a) refuse to make an order in the terms of the recommendation, and

(b) notify the Court in writing of his or her decision and the reasons for the decision.

(5) An order under subsection (3) may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the order including, where the order abolishes a joint labour committee pursuant to a recommendation of the Court, the revocation of an employment regulation order made pursuant to proposals made by the joint labour committee concerned.

(6) Every order under subsection (3) 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:

F31

Substituted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 41, S.I. No. 329 of 2015.

Modifications (not altering text):

C29

Application of section restricted (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Editorial Notes:

E47

Power pursuant to section exercised (10.02.2009) by Hairdressing Joint Labour Committee Establishment Order 2009 (S.I. No. 45 of 2009).

E48

Power pursuant to section exercised (26.08.2008) by Clothing Joint Labour Committee Establishment Order, 2008 (S.I. No. 329 of 2008).

E49

Power pursuant to section exercised (14.09.2007) by Contract Cleaning Joint Labour Committee Establishment Order 2007 (S.I. No. 626 of 2007).

E50

Power pursuant to section exercised (16.10.1998) by Security Industry Joint Labour Committee Establishment Order 1998 (S.I. No. 377 of 1998).

E51

E52

Power pursuant to section exercised (27.11.1992) by Catering Joint Labour Committee (County Borough of Dublin and The Borough of Dun Laoghaire) Establishment Order 1992 (S.I. No. 351 of 1992).

E53

Power pursuant to section exercised (2.04.1991) by Retail Grocery and Allied Trades Joint Labour Committee Establishment Order 1991 (S.I. No. 58 of 1991).

E54

E55

Power pursuant to section exercised (23.04.1965) by Hotels Joint Labour Committee Establishment Order 1965 (S.I. No. 81 of 1965).

E56

Power pursuant to section exercised (8.11.1960) by Provender Milling Joint Labour Committee Establishment Order 1960 (S.I. No. 223 of 1960).

E57

Procedure for publication of orders under section prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 4.

E58

Power pursuant to section exercised (6.11.1947) by Law Clerks Joint Labour Committee (Establishment) Order 1947 (S.I. No. 308 of 1947).

E59

E60

E61

E62

E63

E64

E65

E66

E67

Revocation and variation of establishment orders.

40.—Where an establishment order in respect of any workers and their employers is in force, the Court, on the application (which shall specify the grounds on which it is made) of—

(a) the Minister, or

(b) any trade union, or

(c) any organisation or group of persons which claims to be and is, in the opinion of the Court, representative of such workers or of such employers,

F32[may make a recommendation to the Minister to abolish the joint labour committee established by such establishment order or amend such establishment order, and the provisions of section 38 and section 39 (amended by section 41 of the Industrial Relations (Amendment) Act 2015) of this Act shall apply in relation to such application as if the application were an application under section 36.]

Annotations:

Amendments:

F32

Substituted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015) s. 42, S.I. No. 329 of 2015.

Modifications (not altering text):

C30

Application of section restricted (18.05.1976) by Industrial Relations Act 1969 (15/1976), s. 4(2), commenced on enactment.

Establishment of joint labour committee for agricultural workers.

4.— …

Editorial Notes:

E68

Power pursuant to section exercised (12.10.2012) by Provender Milling Joint Labour Committee (Abolition) Order 2012 (S.I. No. 391 of 2012).

E69

Power pursuant to section exercised (12.10.2012) by Clothing Joint Labour Committee (Abolition) Order 2012 (S.I. No. 390 of 2012).

E70

Power pursuant to section exercised (12.10.2012) by Aerated Waters and Wholesale Bottling Joint Labour Committee (Abolition) Order 2012 (S.I. No. 389 of 2012).

E71

Power pursuant to section exercised (10.02.2009) by Hairdressing Joint Labour Committee (Abolition) Order 2009 (S.I. No. 44 of 2009).

E72

Power pursuant to section exercised (10.02.2009) by Hairdressing (Cork County Borough) Joint Labour Committee (Abolition) Order 2009 (S.I. No. 43 of 2009).

E73

Power pursuant to section exercised (26.08.2008) by Womens Clothing and Millinery Joint Labour Committee (Abolition) Order 2008 (S.I. No. 333 of 2008).

E74

Power pursuant to section exercised (26.08.2008) by Tailoring Joint Labour Committee (Abolition) Order 2008 (S.I. No. 332 of 2008).

E75

Power pursuant to section exercised (26.08.2008) by Shirtmaking Joint Labour Committee (Abolition) Order 2008 (S.I. No. 331 of 2008).

E76

Power pursuant to section exercised (26.08.2008) by Handkerchief and Household Piece Goods Joint Labour Committee (Abolition) Order 2008 (S.I. No. 330 of 2008).

E77

Power pursuant to section exercised (14.09.2007) by Brush and Broom Joint Labour Committee (Abolition) Order 2007 (S.I. No. 625 of 2007).

E78

Power pursuant to section exercised (14.09.2007) by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 624 of 2007).

E79

Power pursuant to section exercised (14.09.2007) by Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 623 of 2007).

E80

Power pursuant to section exercised (29.08.1988) by Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee (Abolition) Order 1988 (S.I. No. 206 of 1988).

E81

Power pursuant to section exercised (29.08.1988) by General Waste Materials Reclamation Joint Labour Committee (Abolition) Order 1988 (S.I. No. 205 of 1988).

E82

Power pursuant to section exercised (29.08.1988) by Boot and Shoe Repairing Joint Labour Committee (Abolition) Order 1988 (S.I. No. 204 of 1988).

E83

Power pursuant to section exercised (13.02.1984) by Messengers (Waterford City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 42 of 1984).

E84

Power pursuant to section exercised (13.02.1984) by Messengers (Limerick City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 41 of 1984).

E85

Power pursuant to section exercised (13.02.1984) by Messengers (Cork City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 40 of 1984).

E86

Power pursuant to section exercised (13.02.1984) by Button Making Joint Labour Committee (Abolition) Order 1984 (S.I. No. 39 of 1984).

E87

Power pursuant to section exercised (30.05.1979) by Packing Joint Labour Committee (Abolition) Order 1979 (S.I. No. 186 of 1979).

E88

Power pursuant to section exercised (18.12.1978) by Sugar Confectionery Joint Labour Committee (Abolition) Order 1978 (S.I. No. 344 of 1978).

E89

Power pursuant to section exercised (18.12.1978) by Tobacco Joint Labour Committee (Abolition) Order 1978 (S.I. No. 343 of 1978).

E90

Power pursuant to section exercised (18.12.1978) by Rope, Twine and Net Joint Labour Committee (Abolition) Order 1978 (S.I. No. 342 of 1978).

E91

Power pursuant to section exercised (18.12.1978) by Hand Embroidery Joint Labour Committee (Abolition) Order 1978 (S.I. No. 341 of 1978).

E92

Power pursuant to section exercised (18.12.1978) by Creameries Joint Labour Committee (Abolition) Order 1978 (S.I. No. 340 of 1978).

E93

Power pursuant to section exercised (11.06.1978) by Establishment Order (Tailoring Joint Labour Committee) Amendment Order 1948 (S.I. No. 203 of 1978).

E94

Power pursuant to section exercised (25.06.1963) by Paper Box Joint Labour Committee (Abolition) Order 1963 (S.I. No. 113 of 1963).

E95

Power pursuant to section exercised (14.08.1962) by Establishment Order (Sugar Confectionery and Food Preserving Joint Labour Committee) Amendment Order 1962 (S.I. No. 147 of 1962).

E96

Power pursuant to section exercised (18.06.1962) by Provender Milling Joint Labour Committee Establishment Order (Amendment Order) 1962 (S.I. No. 102 of 1962).

E97

Power pursuant to section exercised (6.07.1956) by Establishment Order (Aerated Waters Joint Labour Committee) Amendment Order 1956 (S.I. No. 158 of 1956).

E98

Power pursuant to section exercised (7.11.1953) by Establishment Order (Tailoring Joint Labour Committee) Amendment Order 1953 (S.I. No. 334 of 1953).

E99

Power pursuant to section exercised (7.11.1953) by Establishment Order (Women’s Clothing and Millinery Joint Labour Committee) Amendment Order 1953 (S.I. No. 333 of 1953).

E100

Procedure for publication of orders under section prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 4.

E101

Power pursuant to section exercised (11.06.1948) by Establishment Order (Tailoring Joint Labour Committee) Amendment Order 1948 (S.I. No. 203 of 1948).

E102

Power pursuant to section exercised (8.12.1947) by Button-Making Joint Labour Committee (Amendment) Establishment Order 1947 (S.I. No. 412 of 1947).

Constitution, officers and proceedings of joint labour committees.

41.—F33[…]

Employment Regulation Orders.

Annotations:

Amendments:

F33

Repealed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 7 and sch. 2, commenced on enactment.

Review of joint labour committees.

F34[41A.— (1) As soon as practicable after the commencement of section 11 of the Industrial Relations (Amendment) Act 2012, and at least once every 5 years thereafter the Court shall carry out a review of each joint labour committee.

(2) Before carrying out a review under subsection (1), the Court shall publish in the prescribed manner a notice setting out—

(a) that the Court proposes to carry out a review of a joint labour committee, and

(b) that submissions in respect of the review may, before a date specified in the notice, be made to the Court in writing setting out the grounds on which the joint labour committee concerned should be retained, abolished or amalgamated with another joint labour committee,

and the Court shall consider any submissions made in accordance with paragraph (b) and carry out the review within 6 weeks of the date specified in the notice for receipt of submissions.

(3) When carrying out a review under subsection (1), the Court shall have regard to the following:

(a) a review by the Labour Relations Commission made under section 39 of the Industrial Relations Act 1990 in respect of the joint labour committee concerned;

(b) the class or classes of workers to which the joint labour committee applies, and the Court shall have particular regard to changes in the trade or business to which the joint labour committee applies, since—

(i) the committee was established, or

(ii) the last review under this section was carried out;

(c) the type or types of enterprises to which the joint labour committee applies, and the Court shall have particular regard to changes in the trade or business to which the joint labour committee applies, since—

(i) the committee was established, or

(ii) the last review under this section was carried out;

(d) the experience of the enforcement of statutory minimum remuneration and statutory conditions of employment within the sector;

(e) the experience of any adjustments made to the rates of statutory minimum remuneration and statutory conditions of employment;

(f) the impact on employment levels, especially at entry level, of fixing statutory minimum remuneration and statutory conditions of employment;

(g) whether the fixing of statutory minimum remuneration and of statutory conditions of employment by the joint labour committee has been prejudicial to the exercise of collective bargaining as a means of achieving the legitimate interests of employers and workers in the sector;

(h) in the case of a joint labour committee that represents workers and employers in a particular region in the State, whether the basis for the continuation of such regional representation is justified;

(i) any submissions made in accordance with subsection (2)(b).

(4) Following a review under subsection (1)—

(a) where the Court is satisfied that to do so would promote harmonious relations between workers and employers and assist in the avoidance of industrial unrest, the Court may recommend that—

(i) the joint labour committee is maintained in its current form,

(ii) the joint labour committee is amalgamated with another joint labour committee, or

(iii) the establishment order pursuant to which the joint labour committee was established is amended,

(b) where the Court is satisfied that it is no longer appropriate to maintain a joint labour committee the Court may recommend that the joint labour committee is abolished.

(5) Where the Court makes a recommendation under subsection (4), it shall forward a copy of the recommendation to the Minister.

(6) As soon as practicable after receipt of a copy of a recommendation under subsection (5), the Minister shall, where he or she is satisfied that subsection (3) has been complied with, and where he or she considers it appropriate to do so, make an order in the terms of the recommendation.

(7) Where the Minister is not satisfied that subsection (3) has been complied with, or where he or she considers that it is not appropriate to make an order in the terms of the recommendation, he or she shall—

(a) refuse to make an order in the terms of the recommendation, and

(b) notify the Court in writing of his or her decision and the reasons for the decision.

(8) An order under subsection (6) may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the order including, where the order abolishes a joint labour committee pursuant to a recommendation of the Court, the revocation of an employment regulation order made pursuant to proposals made by the joint labour committee concerned.

(9) Every order under subsection (6) 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 prejudiceto the validity of anything previously done thereunder. ]

Annotations:

Amendments:

F34

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 11, S.I. No. 302 of 2012.

Editorial Notes:

E103

Power pursuant to subs. (6) exercised (28.01.2014) by Security Industry Joint Labour Committee Establishment (Amendment) Order 2014 (S.I. No. 30 of 2014).

E104

Power pursuant to subs. (6) exercised (28.01.2014) by Law Clerks Joint Labour Committee (Abolition) Order 2014 (S.I. No. 29 of 2014).

E105

Power pursuant to subs. (6) exercised (28.01.2014) by Hotels Joint Labour Committee Establishment (Amendment) Order 2014 (S.I. No. 28 of 2014).

E106

Power pursuant to subs. (6) exercised (28.01.2014) by Hotels Joint Labour Committee (for the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire) (Abolition) Order 2014 (S.I. No. 27 of 2014).

E107

Power pursuant to subs. (6) exercised (28.01.2014) by Hairdressing Joint Labour Committee Establishment (Amendment) Order 2014 (S.I. No. 26 of 2014).

E108

Power pursuant to subs. (6) exercised (28.01.2014) by Contract Cleaning Joint Labour Committee Establishment (Amendment) Order 2014 (S.I. No. 25 of 2014).

Proposals by JLC in relation to remuneration and conditions of employment.

42.—(1) Subject to the provisions of this section, a joint labour committee may submit to the Court proposals for fixing the minimum rates of remuneration to be paid either generally or for any particular work to all or any of the workers in relation to whom the committee operates, and such proposals may provide for a minimum weekly remuneration for all or any of such workers.

(2) Subject to the provisions of this section, a joint labour committee may submit to the Court proposals for regulating the conditions of employment of all or any of the workers in relation to whom the committee operates.

(3) A joint labour committee shall not submit proposals under this section for revoking or amending an employment regulation order unless the order has been in force for at least six months.

Annotations:

Modifications (not altering text):

C31

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 provide for the making of employment regulation orders. These provisions and employment regulation orders made under them were declared unconstitutional (7.07.2011) in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277. The Industrial Relations (Amendment) Act 2012 (32/2012) was enacted in response to this decision.

Proposals in relation to remuneration and conditions of employment.

42A.— (1) Subject to this section and section 42B, a joint labour committee may, where it is satisfied that such proposals would promote harmonious relations between workers and employers and avoid industrial unrest, submit proposals for an employment regulation order to the Court.

(2) Subject to subsection (3), proposals under subsection (1) may include proposals to amend or revoke an employment regulation order.

(3) Where an employment regulation order has been in force for less than 6 months a joint labour committee shall not submit proposals for amending or revoking such order unless the committee is satisfied that—

(a) the order contains an error, or

(b) exceptional circumstances exist which warrant the revocation or amendment of the order.

(4) Subject to subsection (5) proposals under subsection (1) may include proposals to—

(a) fix the minimum rates of remuneration to be paid generally, and

(b) regulate the conditions of employment,

in relation to all or any of the workers in relation to whom the joint labour committee operates, and such proposals may provide for a minimum hourly rate of remuneration and not more than 2 higher hourly rates of remuneration based on length of service in the sector or enterprise concerned, or the attainment of recognised standards or skills in the sector concerned, for all or any such workers.

(5) Proposals under subsection (1) to fix remuneration shall provide that a worker to whom the proposals are intended to apply who—

(a) has not attained the age of 18 years,

(b) enters employment for the first time after attaining the age of 18 years,

(c) having entered into employment before attaining the age of 18 years continues in employment on attaining that age, or

(d) has attained the age of 18 years and, during normal working hours, undergoes a course of study or training prescribed in regulations made by the Minister under section 16 of the National Minimum Wage Act 2000,

shall be remunerated at an hourly rate reduced to the percentage set out in section 14, 15 or 16 of that Act for the category of worker concerned and those sections shall apply with the necessary modifications, as if such workers were employees for the purposes of that Act.

(6) When formulating proposals to submit to the Court under subsection (1), a joint labour committee shall have regard to the following matters:

(a) the legitimate interests of employers and workers likely to be affected by the proposals, including—

(i) the legitimate financial and commercial interests of the employers in the sector in question,

(ii) the desirability of agreeing and maintaining efficient and sustainable work practices appropriate to the sector in question,

(iii) the desirability of agreeing and maintaining fair and sustainable minimum rates of remuneration appropriate to the sector in question,

(iv) the desirability of maintaining harmonious industrial relations in the sector in question,

(v) the desirability of maintaining competitiveness in the sector in question, and

(vi) the levels of employment and unemployment in the sector in question;

(b) the general level of wages in comparable sectors;

(c) 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;

(d) the national minimum hourly rate of pay declared by order for the time being in force under section 11 of the National Minimum Wage Act 2000, and the appropriateness or otherwise of fixing a statutory minimum hourly rate of pay above that rate; and

(e) the terms of any relevant national agreement relating to pay and conditions for the time being in existence.

(7) In this section ‘remuneration’ means consideration, whether in cash or in kind, which a worker receives from his or her employer in respect of his or her employment but does not include:

(a) pay or time off from work in lieu of public holidays;

(b) compensation under section 14 of the Organisation of Working Time Act 1997 resulting from the requirement to work on a Sunday;

(c) payments in lieu of notice; or

(d) payments referable to a worker’s redundancy. ]

Annotations:

Amendments:

F35

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, S.I. No. 302 of 2012.

Proposals by joint labour committee for employment regulation orders.

42B.— (1) Where a joint labour committee has formulated proposals for an employment regulation order, the committee shall publish a notice stating—

(a) the place where copies of the proposals may be obtained,

(b) that representations with respect to the proposals may be made to the committee not later than 21 days after the date of such publication.

(2) A joint labour committee shall consider any representations made in accordance with subsection (1) and may, subject to any amendments it considers appropriate following such consideration, adopt the proposals.

(3) The chairman of a joint labour committee shall facilitate the parties in reaching agreement in relation to the formulation of proposals for an employment regulation order and the adoption of such proposals, and for that purpose the chairman may adjourn a meeting of a joint labour committee.

(4) Notwithstanding section 26 of the Industrial Relations Act 1990, where a joint labour committee has failed to formulate proposals or where it has formulated proposals and has failed to adopt such proposals, and the chairman is satisfied that no further efforts on his or her part will advance the committee in reaching agreement, the chairman may, and shall if requested by a member of the committee, submit the outstanding issues to the Court for its recommendation.

(5) The Court shall, not later than 21 days after receipt of a submission under subsection (4), hear the members of the joint labour committee.

(6) The Court shall, not later than 14 days after a hearing under subsection (5), make a recommendation to the joint labour committee.

(7) When making a recommendation under subsection (6), the Court shall—

(a) be satisfied that the terms of the recommendation would promote harmonious relations between workers and employers and avoid industrial unrest, and

(b) have regard to the following:

(i) the representations made by the parties at the hearing;

(ii) any relevant code of practice for the purposes of the Industrial Relations Act 1990;

(iii) the economic and commercial circumstances in relation to the sector to which the joint labour committee relates;

(iv) the rates of remuneration and conditions of employment of workers in similar employment sectors, including workers in a sector to which another joint labour committee relates;

(v) the merits of the dispute and the terms upon which it should be settled.

(8) Not later than 14 days after the Court makes a recommendation under subsection (6), the joint labour committee shall hold a meeting to consider the recommendation.

(9) Where, at a meeting held under subsection (8), the joint labour committee fails to formulate or adopt proposals for an employment regulation order, the issues in dispute shall be determined by a majority of the votes of the members present and voting on the issue and, notwithstanding subparagraph (1) of paragraph 6 of the Fifth Schedule to the Industrial Relations Act 1990, if there is an equal division of votes the chairman shall cast his or her vote having regard to the recommendation of the Court.

(10) Where the committee adopts proposals for an employment regulation order, it shall submit such proposals to the Court.

(11) When proposals for an employment regulation order are submitted to the Court, the chairman of the committee shall submit—

(a) a report to the Court on the circumstances surrounding their adoption, including confirmation that in considering the proposals the joint labour committee has had regard to the matters set out in subsection (6) of section 42A,

(b) a copy of all written submissions considered by the committee when formulating and adopting the proposals, and

(c) a copy of any other documentation considered by the committee when formulating the proposals.

(12) (a) When considering whether or not to adopt the proposals of a joint labour committee, the Court shall consider any reports, submissions or other documentation submitted under subsection (11).

(b) Where the Court has not made a recommendation under subsection (6), the Court may, where it considers it appropriate to do so, hear all parties appearing to the Court to be interested and desiring to be heard.

(c) The Court may, as it thinks proper and where the proposals are in a suitable form for adoption, adopt the proposals of a joint labour committee.

(d) The Court shall not adopt the proposals of a joint labour committee unless the Court is satisfied that, when considering the proposals, the committee has had regard to the matters set out in subsection (6) of section 42A.

(13) (a) Where the Court is not satisfied that it should adopt the proposals of a joint labour committee, it may submit to the committee amended proposals which the Court is willing to adopt.

(b) The committee may, if it thinks fit, submit the amended proposals, with or without modifications, to the Court.

(c) The Court may, as it thinks proper, adopt the proposals submitted under paragraph (b) or refuse to adopt the proposals. ]

Annotations:

Amendments:

F36

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, S.I. No. 302 of 2012.

Making of employment regulation orders.

42C.— (1) Where the Court adopts the proposals of a joint labour committee it shall forward a copy of the proposals to the Minister.

(2) As soon as practicable after receipt of a copy of proposals under subsection (1), the Minister shall, where he or she is satisfied that sections 42A and 42B have been complied with, and where he or she considers it appropriate to do so, make an employment regulation order giving effect to such proposals.

(3) Where the Minister is not satisfied that sections 42A and 42B have been complied with, or where he or she considers that it is not appropriate to make an employment regulation order to give effect to the proposals adopted by the Court, he or she shall—

(a) refuse to make an employment regulation order giving effect to such proposals, and

(b) notify the Court in writing of his or her decision and the reasons for the decision.

(4) An employment regulation order shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by this or any other Act.

(5) An employment regulation order may amend or revoke any previous employment regulation order.

(6) Every order under subsection (2) 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 prejudiceto the validity of anything previously done thereunder. ]

Annotations:

Amendments:

F37

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, S.I. No. 302 of 2012.

Editorial Notes:

E109

Power pursuant to section exercised (27.10.2016) by Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016 (S.I. No. 548 of 2015).

E110

Redress procedure for posted workers in respect of non-payment of net remuneration under employment regulation orders under section provided (27.07.2016) by European Union (Posting of Workers) Regulations (S.I. No. 412 of 2016), reg. 9(1)(b).

E111

Power pursuant to section exercised (1.10.2015) by Employment Regulation Order (Contract Cleaning Joint Labour Committee) 2015 (S.I. No. 418 of 2015), in effect as per art. 2.

E112

Power pursuant to section exercised (1.10.2015) by Employment Regulation Order (Security Industry Joint Labour Committee) 2015 (S.I. No. 417 of 2015), in effect as per art. 2.

E113

Redress procedure in respect of employment regulation orders under section provided (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 41(1) and sch. 5 part 1, item 10, S.I. No. 338 of 2015.

Making of employment regulation orders.

43.—(1) F38[…]

(2) As soon as the Court makes an employment regulation order, it shall publish notice of the making of the order and the contents thereof in the prescribed manner.

(3) An employment regulation order 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.

(4) An employment regulation order may amend or revoke any previous employment regulation order.

(5) An employment regulation order may contain different provisions for different descriptions of workers.

Annotations:

Amendments:

F38

Repealed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 7 and sch. 2, commenced on enactment.

Modifications (not altering text):

C32

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 provide for the making of employment regulation orders. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277. The Industrial Relations (Amendment) Act 2012 (32/2012) was enacted in response to this decision.

C33

Application of section restricted (7.03.1967) by Industrial Training Act 1967 (5/1967), s. 40(2), (3)(b), (5), commenced on enactment.

Restriction of section 48 of Industrial Relations Act, 1946, and on certain agreements and orders under that Act.

40.— …

(2) It is hereby declared that nothing contained either in an employment agreement registered in the Register or in an order made by the Labour Court under section 43 of the Act shall affect the provisions of section 41 of this Act.

(3) Upon the coming into force of any rules under section 27 of this Act— …

(b) any provisions of an order then in force made by the Labour Court under section 43 of the Act which relate to matters the subject of the rules,

shall cease to have effect.

…

(5) Where an order is, at a time when rules under this Act or rules mentioned in section 49 of this Act are in force, made by the Labour Court under section 43 of the Act, any provisions of the order which relate to matters the subject of the rules shall not have effect.

…

Editorial Notes:

E114

Previous affecting provision: subs. (1)(b)(iii) amended (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 16, commenced on enactment. Subs. (1) repealed as per above F-note.

E115

Procedure for publication of notices under section prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 4.

E116

Previous affecting provision: application of orders made under section restricted (15.12.1959) by Apprenticeship Act 1959 (39/1959), s. 64, commenced on enacment; repealed (15.05.1967) by Industrial Training Act 1967 (5/1967), s. 7(1), commenced as per s. 7(3)) and S.I. No. 117 of 1967).

Adaptation of contracts of service upon employment regulation orders.

44.—(1) The employer of a worker to whom an employment regulation order applies, shall—

(a) in case the order fixes remuneration, pay to such worker remuneration not less than the statutory minimum remuneration,

(b) in case the order fixes conditions of employment, grant to such worker conditions of employment not less favourable than the statutory conditions of employment.

(2) If a contract between a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) and his employer provides for the payment of less remuneration than the statutory minimum remuneration, the contract shall have effect as if the statutory minimum remuneration were substituted for the less remuneration.

(3) If a contract between a worker (being a worker to whom an employment regulation order, which fixes conditions of employment, applies) and his employer provides for conditions of employment (in this subsection referred to as the contract conditions) less favourable than the statutory conditions of employment, the contract shall have effect as if the statutory conditions of employment were substituted for the contract conditions.

Enforcement of employment regulation orders.

45.—(1) If an employer fails to pay to a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) remuneration not less than the statutory minimum remuneration, the employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(2) Where the employer or any other person charged, in accordance with section 50 of this Act, as a person to whose act or default the offence was due has been found guilty of an offence under subsection (1) of this section consisting of a failure to pay to a worker remuneration not less than the statutory minimum remuneration, the court by which he is convicted may order the employer to pay to the worker such sum as is found by the said court to represent the difference between the statutory minimum remuneration and the remuneration actually paid.

(3) If, in respect of any worker (being a worker to whom an employment regulation order, which fixes conditions of employment, applies), the statutory conditions of employment are not complied with by the employer—

(a) the employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

(b) the court by which the employer is convicted may order the employer to pay to the worker such compensation as it considers fair and reasonable in respect of such non-compliance.

(4) Where proceedings are taken under subsection (1) of this section in respect of an offence consisting of a failure to pay to a worker remuneration not less than the statutory minimum remuneration, and notice of intention to avail of paragraph (a) of this subsection has been served with the summons, warrant or complaint—

(a) evidence may, if the employer or any other person charged, in accordance with section 50 of this Act, as a person to whose act or default the offence was due is found guilty of the offence, be given of any like contravention on the part of the employer in respect of any period during the three years immediately preceding the date of the offence, and

(b) on proof of such contravention, the court before which the proceedings are taken may order the employer to pay to the worker such sum as is found by the said court to represent the difference between the amount which ought to have been paid during that period to the worker by way of remuneration, if the worker were paid remuneration in accordance with the statutory minimum remuneration, and the amount actually so paid.

(5) In any proceedings against a person under subsection (1) of this section it shall lie with such person to prove that he has paid remuneration not less than the statutory minimum remuneration.

(6) In any proceedings against a person under subsection (3) of this section it shall lie with such person to prove that he has complied with the statutory conditions of employment.

(7) The powers given by this section for the recovery of sums due by an employer to a worker shall not be in derogation of any right of the worker to recover such sums in civil proceedings.

Annotations:

Modifications (not altering text):

C34

C35

Amount of fines in subss. (1) and (3)(a) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. nos. 8 and 9, 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

Increase of Fines

Section 4 .

Ref No. Section Fine

(1) (2) (3)

… … …

INDUSTRIAL RELATIONS ACT, 1946

… … …

8 45(1) £750.

9 45(3)(a) £750.

… … …

Decision of adjudication officer

45A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the employment regulation order, or

(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

Annotations:

Amendments:

F39

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015) s. 52(1) and sch. 7 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

Modifications (not altering text):

C36

References to “employee” and “employer” construed (27.07.2016) European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), regs. 2(1) and 9(3)(d).

Interpretation

2. (1) In these Regulations— …

“contractor”, in relation to a posted worker, shall be construed in accordance with Regulation 7;

…

“posted worker” means a worker who normally works in another Member State but, for a limited period, carries out his or her work in the State.

…

Presentation of complaint under Act of 2015

9. …

(3) References to employee and employer in— …

(d) section 45A of the Act of 1946,

shall, in so far as they relate to a complaint by a posted worker against a contractor under this Regulation, be construed as references to the posted worker and contractor, respectively.

Editorial Notes:

E146

Relevant redress provision in respect of section specified (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 41(5)(b)(i) and sch. 6 part 1 item 1, S.I. No. 410 of 2015.

E147

Previous affecting provision: section inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 13, S.I. No. 302 of 2012; substituted as per F-note above.

F40[Decision of Labour Court on appeal from decision referred to in section 45A

45B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 45A, shall affirm, vary or set aside the decision of the adjudication officer.]

Annotations:

Amendments:

F40

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

Editorial Notes:

E148

Relevant redress provision in respect of section specified (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 44(1)(b)(i) and sch. 6 part 2 item 1, S.I. No. 410 of 2015.

E149

Previous affecting provision: section inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 13, S.I. No. 302 of 2012; substituted as per F-note above.

F41[Enforcement of determinations of Labour Court.

45C.F42[…]]

Annotations:

Amendments:

F41

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 13, S.I. No. 302 of 2012.

F42

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F43[Provisions relating to winding up and bankruptcy.

45D.F44[…]]

Annotations:

Amendments:

F43

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s.13, S.I. No. 302 of 2012.

F44

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F45[References to rights commissioner by Minister.

45E.—F46[…]]

Annotations:

Amendments:

F45

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 13, S.I. No. 302 of 2012.

F46

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Employment of infirm and incapacitated persons at less than minimum remuneration.

46.—(1) If, as respects any worker employed or desiring to be employed in such circumstances that an employment regulation order which fixes remuneration applies or will apply to him, the appropriate joint labour committee is satisfied, on application being made to it for a permit under this section either by the worker or the employer or a prospective employer, that the worker is affected by infirmity or physical incapacity which renders him incapable of earning the statutory minimum remuneration, the committee may, if it thinks fit, grant, subject to such conditions (if any) as it may determine, a permit authorising his employment at less than the statutory minimum remuneration, and while the permit is in force the remuneration authorised to be paid to him by the permit shall, if those conditions are complied with, be deemed, for the purposes of this Act, to be the statutory minimum remuneration.

(2) Where an employer employs any worker in reliance on any document purporting to be a permit granted under subsection (1) of this section authorising the employment of that worker at less than the statutory minimum remuneration, then, if the employer has notified the joint labour committee in question that, relying on that document, he is employing or proposing to employ that worker at a specified remuneration, the document shall, notwithstanding that it is not or is no longer a valid permit relating to that worker, be deemed, subject to the terms thereof and as respects only any period after the notification, to be such a permit until notice to the contrary is received by the employer from the committee.

Computation of remuneration.

47.—(1) Subject to subsection (2) of this section, any reference in this Part to remuneration shall be construed as a reference to the amount obtained or to be obtained in cash by the worker from his employer clear of all deductions in respect of any matter whatsoever, except any deductions lawfully made under any enactment for the time being in force requiring or authorising deductions to be made from remuneration.

(2) Subject to any enactment for the time being in force, an employment regulation order may authorise specified benefits or advantages, provided for a worker by or on behalf of his employer, to be reckoned as payment of remuneration by the employer in lieu, of payment in cash and such order shall define the monetary value at which every such benefit and advantage is to be reckoned.

Employers not to receive premiums from apprentices or learners.

48.—(1) (a) Where a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) is an apprentice or a learner, it shall not be lawful for his employer to receive directly or indirectly from him, or on his behalf or on his account, any payment by way of premium.

(b) Nothing in paragraph (a) of this subsection shall apply to any such payment as is referred to therein duly made in pursuance of any instrument of apprenticeship approved for the purpose of this subsection by a joint labour committee.

(2) If any employer receives any payment by way of premium in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and the court by which he is convicted may, in addition to the fine, order him to pay to the worker or other person by whom the payment was made the sum received by way of premium.

Annotations:

Modifications (not altering text):

C37

Amount of fines in subs. (2) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 10, commenced on enactment.

Increase of fines.

…

First Schedule

Increase of Fines

Section 4 .

Ref No. Section Fine

(1) (2) (3)

… … …

INDUSTRIAL RELATIONS ACT, 1946

… … …

10 48(2) £750.

… … …

C38

Application of section restricted (7.03.1967) by Industrial Training Act 1967 (5/1967), s. 40(1), commenced on enactment.

Restriction of section 48 of Industrial Relations Act, 1946, and on certain agreements and orders under that Act.

40.—(1) Section 48 of the Act shall, as respects a person to whom rules under paragraph (f) of subsection (1) of section 27 of this Act for the time being apply, cease to have effect.…

Exemption from obligation to pay statutory minimum remuneration.

48A.— (1) The Court may in accordance with this section exempt an employer from the obligation to pay the statutory minimum remuneration 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 statutory minimum remuneration,

(b) the employer is unable to maintain the terms of the employment regulation order concerned, and

(c) were the employer compelled to comply with the terms of the employment regulation order 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 employment regulation order 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:

F47

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 14, S.I. No. 302 of 2012.

Records and notices.

49.—(1) The employer of any workers to whom an employment regulation order applies shall keep such records as are necessary to show whether or not the provisions of this Part are being complied with as respects them, and the records shall be retained by the employer for three years.

(2)F48[…]

(3) If an employer fails to comply with any of the requirements of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Annotations:

Amendments:

F48

Repealed (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 3(1), S.I. No. 302 of 2012.

Modifications (not altering text):

C39

Amount of fines in subs. (2) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 11, commenced on enactment.

Increase of fines.

…

First Schedule

Increase of Fines

Section 4 .

Ref No. Section Fine

(1) (2) (3)

… … …

INDUSTRIAL RELATIONS ACT, 1946

… … …

11 49(3) £500.

… … …

C40

Application of section restricted (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 7, commenced on enactment.

Modification of section 49 of Principal Act.

7.—Section 49 (2) of the Principal Act, which relates to the posting by employers of certain notices, shall not apply to agricultural employers.

Criminal liability of agent and superior employer and defence to employer.

50.—(1) Where the immediate employer of any worker is himself in the employment of some other person and the worker is employed on the premises of that other person, that other person shall for the purposes of this Part be deemed to be the employer of the worker jointly with the immediate employer.

(2) Where an employer is charged with an offence under any section or subsection contained in this Part, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, to have any other person to whose act or default he alleges that the offence was due brought before the court hearing the charge at the time appointed for the hearing of the charge, and thereupon the following provisions shall have effect—

(a) if, after the commission of the offence has been proved, the employer proves that the offence was due to the act or the default of that other person, that other person may be convicted of the offence,

(b) if the employer further proves that he has used all due diligence to secure that this Part and any relevant regulation or order made thereunder were complied with, he shall be acquitted of the offence.

(3) Where a defendant seeks to avail himself of subsection (2) of this section—

(a) the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witnesses called by him in support of his pleas and to call rebutting evidence,

(b) the court hearing the charge may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(4) Where—

(a) it appears to an inspector that an offence has been committed in respect of which proceedings might be taken under this Part against an employer, and

(b) the inspector is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person, and that the employer could establish a defence under subsection (2) of this section,

the following provisions shall have effect—

(i) the inspector may cause proceedings to be taken against that other person without first causing proceedings to be taken against the employer,

(ii) if such proceedings are so taken, that other person may therein be charged with and, on proof that the offence was due to his act or default, be convicted of the offence with which the employer might have been charged.

Inspectors.

51.—(1) The Minister may appoint such and so many persons as he thinks fit to be inspectors for the purposes of this Part.

(2) Every inspector shall be furnished by the Minister with a certificate of his appointment and when exercising any of the powers conferred on him by this Part shall, if so required by any person affected, produce such certificate to him.

Powers of inspectors.

52.—(1) An inspector may, for the purpose of enforcing the provisions of this Part, do all or any of the following things, that is to say:—

(a) enter at all reasonable times any premises where he has reasonable grounds for believing that any workers to whom an employment regulation order applies are employed,

(b) require the production of wages sheets or other records of remuneration kept by an employer and any such records as are required by this Part to be kept by employers, and inspect and examine those sheets or records and copy any material part thereof,

(c) examine with respect to any matters under this Part any person whom he has reasonable grounds for believing to be or have been a worker to whom, an employment regulation order applies or the employer of any such worker and require such person or employer to answer such questions (other than questions tending to incriminate such person) as such inspector may put touching such matters and to sign a declaration of the truth of the answers to such questions.

(2) If any person—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on such inspector by this section, or

(b) refuses to produce any record which an inspector lawfully requires him to produce, or

(c) prevents, or attempts to prevent any person from appearing before or being questioned by an inspector, or

(d) F49[…] fails or refuses to comply with any lawful requirement of an inspector under paragraph (b) of subsection (1) of this section,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) If any person required by this Part to keep records keeps or causes to be kept, or produces or causes to be produced or knowingly allows to be produced to an inspector, any record which is false in any material respect knowing it to be false, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding three months or to both such fine and imprisonment.

(4) An inspector may institute proceedings for an offence under any section or subsection contained in this Part.

(5) (a) Any inspector may, if it appears to him that a sum is due from an employer to a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) on account of the payment to him of remuneration less than the statutory minimum remuneration, institute on behalf of and in the name of that worker civil proceedings for the recovery of that sum and in any such proceedings an order may be made for the payment of costs by the inspector as if he were a party to the proceedings.

(b) The power given by paragraph (a) of this subsection for the recovery of sums due by an employer to a worker shall not be in derogation of any right of the worker to recover such sums in civil proceedings.

Annotations:

Amendments:

F49

Deleted (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 50, commenced on enactment.

Modifications (not altering text):

C41

Amount of fines in subss. (2) and (3) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. nos. 12 and 13, commenced on enactment.

Increase of fines.

…

First Schedule

Increase of Fines

Section 4 .

Ref No. Section Fine

(1) (2) (3)

… … …

INDUSTRIAL RELATIONS ACT, 1946

… … …

12 52(2) £500.

13 52(3) £1,000.

… … …

Pre-1946 Trade Boards

Provisions in relation to trade boards.

Existing trade boards to become joint labour committees.

53.—Any trade board which exists immediately before the commencement of this Act shall, upon such commencement, by virtue of this section be deemed to be a joint labour committee established under this Part by an establishment order (notwithstanding that its constitution is not in all respects in accordance with the provisions of this Act) and operating in relation to the workers and employers in relation to whom it operated immediately before such commencement.

Existing orders under the Trade Boards Acts, 1909 and 1918.

54.—Any order in force immediately before the commencement of this Act confirming, varying or cancelling any rate under the Trade Boards Acts, 1909 and 1918, shall continue in force and be deemed to be an employment regulation order.

Pending notices of proposals varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918.

55.—If any notice of proposals for varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918, has been duly given by a trade board before the commencement of this Act, the like proceedings may be had on those proposals as might have been had thereon if the said Acts had not been repealed by this Act, and if an order is made confirming the proposals that order shall be deemed to be an employment regulation order.

Adaptation of references to trade boards.

56.—References in any document (other than an enactment repealed by this Act) to a trade board shall be construed as references to a joint labour committee.

Determination of certain questions.

Determination of certain questions.

57.—(1) The Court may at any time, on the application of any person, give its decision on the question whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person.

(2) A court of law, in determining any question arising in proceedings before it whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person, shall have regard to any decision of the Court referred to it in the course of the proceedings.

(3) If any question arises in proceedings before a court of law whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies 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.

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Joint Labour Committees

Part IV Industrial Relations Act 1946

Constitution and proceedings of joint labour committees.

Definitions for purposes of Part IV.

Joint Labour Committees.

Applications for establishment orders.

Restrictions on making establishment orders.

Inquiry into application for an establishment order.

Making of establishment orders.

Revocation and variation of establishment orders.

Review of joint labour committees.

Proposals by JLC in relation to remuneration and conditions of employment.

Proposals in relation to remuneration and conditions of employment.

Proposals by joint labour committee for employment regulation orders.

Making of employment regulation orders.

Making of employment regulation orders.

Adaptation of contracts of service upon employment regulation orders.

Enforcement of employment regulation orders.

Decision of adjudication officer

Employment of infirm and incapacitated persons at less than minimum remuneration.

Computation of remuneration.

Employers not to receive premiums from apprentices or learners.

Exemption from obligation to pay statutory minimum remuneration.

Records and notices.

Criminal liability of agent and superior employer and defence to employer.

Inspectors.

Pre-1946 Trade Boards

Determination of certain questions.

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Part IV Industrial Relations Act 1946

Constitution and proceedings of joint labour committees.

Definitions for purposes of Part IV.

Joint Labour Committees.

Applications for establishment orders.

Restrictions on making establishment orders.

Inquiry into application for an establishment order.

Making of establishment orders.

Revocation and variation of establishment orders.

Review of joint labour committees.

Proposals by JLC in relation to remuneration and conditions of employment.

Proposals in relation to remuneration and conditions of employment.

Proposals by joint labour committee for employment regulation orders.

Making of employment regulation orders.

Making of employment regulation orders.

Adaptation of contracts of service upon employment regulation orders.

Enforcement of employment regulation orders.

Decision of adjudication officer

Employment of infirm and incapacitated persons at less than minimum remuneration.

Computation of remuneration.

Employers not to receive premiums from apprentices or learners.

Exemption from obligation to pay statutory minimum remuneration.

Records and notices.

Criminal liability of agent and superior employer and defence to employer.

Inspectors.

Pre-1946 Trade Boards

Determination of certain questions.

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