Resolution Machinery
Industrial Relations Act 1969
REVISED
Updated to 1 October 2015
Definitions.
1.—In this Act—
“the Court” means the Labour Court;
“the Minister” means the Minister for Labour;
“the Principal Act” means the Industrial Relations Act, 1946.
Membership of the Court.
F1[2.—(1) The Court shall consist of a chairman (in this Act referred to as the chairman), a deputy chairman or deputy chairmen and ordinary members.
(2) The number of deputy chairmen shall be equal to the number of divisions of the Court F2[…].
(3) The number of ordinary members shall be equal to twice the number of divisions of the Court and shall be divided equally among workers’ members and employers’ members.]
Annotations:
Amendments:
F1
Substituted (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 9, commenced on enactment.
F2
Deleted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 77, S.I. No. 338 of 2015.
Divisions of the Court.
3.—Whenever the chairman is of opinion that for the speedy dispatch of the business of the Court it is expedient that the Court should act by divisions, he may direct accordingly, and, until he revokes his direction—
(a) the Court shall be grouped into—
(i) a first division, consisting of the chairman (who shall be chairman of the division) and a workers’ member and an employers’ member selected by him,
(ii) a second division, consisting of the deputy chairman appointed under section 4 (1) of this Act (who shall be chairman of the division), a workers’ member and an employers’ member, and
(iii) if the direction so provides, a third division consisting of the deputy chairman appointed under section 4 (4) of this Act (who shall be chairman of the division) and a workers’ member and an employers’ member;
(b) the chairman shall assign to each division the business to be transacted by it;
(c) for the purpose of the business so assigned to it, each division shall have all the powers of the Court and the chairman of the division shall have all the powers of the chairman and references in this Act to the Court and the chairman shall be construed as including references to a division and the chairman of a division respectively.
Annotations:
Modifications (not altering text):
C10
Application of subss. (b) and (c) extended (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 8(2), commenced on enactment.
Additional divisions of the Court.
8.— …
(2) A division of the Court provided for under this section shall consist of a deputy chairman of the Court (who shall be chairman of the division), a workers’ member and an employers’ member, and sections 3 (b) and 3 (c) of the Act of 1969 shall apply in relation to such a division as if it were a division under that Act.
…
Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court
F3[3A. Such functions of the Court as may be prescribed by order made by the Minister, after consultation with the chairman, may be performed by the chairman or a deputy chairman sitting alone.]
Annotations:
Amendments:
F3
Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 78, S.I. No. 338 of 2015.
Editorial Notes:
E3
Power pursuant to section exercised (1.08.2015) by Industrial Relations Act 1969 (Section 3A) Order 2015 (S.I. No. 344 of 2015).
E4
The section heading is that of the amending section in the absence of one included in the amendment.
Deputy chairman of the Court.
4.—F4[(1) (a) Subject to subsection (1A) (inserted by section 79(b) of the Workplace Relations Act 2015), the Minister shall appoint persons to be deputy chairmen from among persons in respect of whom recommendations for the purposes of this section have been made by the Public Appointments Service consequent upon the holding of a competition or competitions in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.
(b) A deputy chairman shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.]
F5[(1A) A person who immediately before the commencement of section 79 of the Workplace Relations Act 2015 stood appointed as deputy chairman shall, from such commencement, continue to be deputy chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.
(1B) The Minister may reappoint a person whose term of office as deputy chairman expires by the efflux of time to be a deputy chairman, and paragraph (a) of subsection (1) shall not apply in respect of the reappointment of such person.
(1C) Where a person—
(a) appointed under subsection (1) to be a deputy chairman,
(b) who continues to be a deputy chairman by virtue of subsection (1A), or
(c) reappointed in accordance with subsection (1B) to be a deputy chairman,
is, for whatever reason, unable to perform his functions as deputy chairman and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy among the deputy chairmen shall be deemed to exist and the Minister may, after consultation with the chairman, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.
(1D) If a deputy chairman dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, or a deputy chairman’s term of office expires and he is not reappointed under subsection (1B), the Minister may appoint a person to be a deputy chairman to fill the vacancy so occasioned pending the appointment of a deputy chairman to fill that vacancy in accordance with subsection (1), and the person so appointed shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.]
F4[(2) (a) The Minister may designate a deputy chairman to perform the functions of the chairman in the absence of the chairman or where the office of chairman is vacant, and a deputy chairman so designated shall in such absence or upon such position becoming vacant perform those functions.
(b) References in any enactment shall, for the purposes of the performance of the functions of chairman by a deputy chairman designated under paragraph (a), include references to that deputy chairman.
(c) A person who, immediately before the commencement of section 79 of the Workplace Relations Act 2015, stood appointed under subsection (1) shall be deemed to have been designated under paragraph (a).]
(3) F6[…]
(4) F6[…]
(5) F7[…]
(6) No person shall be appointed to be a deputy chairman unless he is ordinarily resident in the State.
(7)F4[The Civil Service Regulation Acts 1956 to 2005 shall not apply to the office of deputy chairman of the Court.]
Annotations:
Amendments:
F4
Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 79(a), (c) and (e), S.I. No. 338 of 2015.
F5
Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 79(b), S.I. No. 338 of 2015.
F6
Deleted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 79(d), S.I. No. 338 of 2015.
F7
Repealed (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 8(5), commenced on enactment.
Modifications (not altering text):
C11
Application of subss. (4) to (7) extended (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 8(3), commenced on enactment.
Additional divisions of the Court.
8.— …
(3) Whenever the Minister makes an order under this section he shall appoint a deputy chairman of the Court, and sections 4 (4) to 4 (7) of the Act of 1969 (as amended by this Act) shall apply in relation to a deputy chairman appointed under this Act as if the references in those sections to a deputy chairman were references to a deputy chairman appointed under this Act.
…
….
Interpretation of employment agreements.
7.—The Court may, at any time, on the application of the parties to an agreement between an employer or a trade union of employers and a worker or a trade union of workers relating to the pay or conditions of employment of any person to whom the agreement relates give its decision as to the interpretation of the agreement or its application to a particular person.
Investigation of trade dispute to be in private.
8.—(1) An investigation of a trade dispute by the Court shall be conducted in private, but the Court shall, if requested to do so by a party to the dispute, conduct the investigation in public.
(2) Where an investigation of a trade dispute is being carried out by the Court in public, the Court may, if it is satisfied that any part of the investigation concerns a matter that should, in the interests of any party to the dispute, be treated as confidential, conduct that part of the investigation in private.
Inclusion of members of the Court on public service arbitration boards.
9.—(1) The membership of any board established either before or after the commencement of this section to report on claims in relation to the pay and conditions of service and matters relating thereto of any person who—
(a) holds a position in the Civil Service of the Government or the Civil Service of the State,
(b) is a member of the staff of the Houses of the Oireachtas.
(c) is a member of the Garda Síochána,
(d) is a sub-postmaster,
(e) is employed by a county committee of agriculture, F11[an education and training board] for the purposes of the Local Government Act, 1941,
(f) is employed as a teacher in a F11[recognised] school, or
(g) is employed by any such body established by or under statute and financed wholly or partly by means of grants or loans made by a Minister of State or the issue of shares taken up by a Minister of State as may be designated from time to time by the Minister for Finance,
shall include one workers’ member of the Court and one employers’ member of the Court who shall be selected by the chairman.
(2) Subsection (1) of this section shall come into operation on such day as the Minister may appoint by order.
Annotations:
Amendments:
F11
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013) s. 72, sch. 6 item 5, S.I. No. 211 of 2013.
Modifications (not altering text):
C12
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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.
S.I. No. 344/2015 –
Industrial Relations Act 1969 (Section 3 A) Order 2015.
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3A (inserted by section 78 of the Workplace Relations Act 2015 (No. 16 of 2015)) of the Industrial Relations Act 1969 (No. 14 of 1969) and after consultation with the Chairman of the Labour Court, hereby make the following order:
1. This Order may be cited as the Industrial Relations Act 1969 (Section 3A) Order 2015.
2. In this Order “Act of 1969” means the Industrial Relations Act 1969 (No. 14 of 1969).
3. (1) The following functions of the Court are prescribed for the purposes of section 3A (inserted by section 78 of the Workplace Relations Act 2015 (No. 16 of 2015)) of the Act of 1969:
(a) functions relating to applications to the Court (other than in cases the hearing of which has commenced), including—
(i) functions relating to applications to the Court for the adjournment of cases fixed for hearing, and
(ii) functions relating to applications to the Court for the giving of directions by the Court; and
(b) functions of the Court relating to case management.
(2) This Article shall not apply to a function under—
(a) section 13 or 20 of the Act of 1969,
(b) section 26 of the Industrial Relations Act 1990 (No. 19 of 1990), or
(c) section 2 of the Industrial Relations Act 2001 (No. 11 of 2001).
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GIVEN under my Official Seal,
1 August 2015.
RICHARD BRUTON,
Minister for Jobs, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
Section 78 of the Workplace Relations Act 2015 makes provision for the insertion of a new Section 3A to the Industrial Relations Act 1969 which provides for the making of regulations by the Minister, after consultation with the Chairman, that certain functions of the Labour Court may be performed by the Chairman or a Deputy Chairman sitting alone.
This Order sets out the functions of the Labour Court which are prescribed for purposes of section 3A of the Industrial Relations Act 1969 . The Order provides that certain functions relating to applications to the Court on procedural matters and functions relating to the case management of the Court can be dealt with by the Chairman or a Deputy-chairman sitting alone.
S.I. No. 1/1992 –
Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order, 1992.
INDUSTRIAL RELATIONS ACT, 1990, CODE OF PRACTICE ON DISPUTE PROCEDURES (DECLARATION) ORDER, 1992.
WHEREAS the Labour Relations Commission has prepared a draft code of practice on dispute procedures, including procedure in essential services;
AND WHEREAS the Labour Relations Commission has complied with subsection (2) of section 42 of the Industrial Relations Act, 1990 (No. 19 of 1990), and has submitted the draft code of practice to the Minister for Labour;
NOW THEREFORE, I, MICHAEL O’KENNEDY, Minister for Labour, in exercise of the powers conferred on me by subsection (3) of that section, hereby order as follows:
1. This Order may be cited as the Industrial Relations Act, 1990 , Code of Practice on Dispute Procedures (Declaration) Order, 1992.
2. It is hereby declared that the draft code of practice set out in the Schedule to this Order shall be a code of practice for the purposes of the Industrial Relations Act, 1990 (No. 19 of 1990).
GIVEN under my Official Seal, this 6th day of January, 1992.
MICHAEL O’KENNEDY,
Minister for Labour.
SCHEDULE
DRAFT CODE OF PRACTICE ON DISPUTE PROCEDURES, INCLUDING PROCEDURES IN ESSENTIAL SERVICES
SECTION I – INTRODUCTION
1. Section 42 of the Industrial Relations Act 1990 makes provision for the preparation of draft Codes of Practice by the Labour Relations Commission for submission to the Minister for Labour. (CF. Appendix I).
2. In February, 1991 the Minister for Labour, Mr. Bertie Ahern, TD, requested the Commission to prepare codes of practice on dispute procedures and the levels of cover which should be provided in the event of disputes arising in essential services. When preparing this Code of Practice the Commission held meetings and consultations with the Irish Congress of Trade Unions, the Federation of Irish Employers, the Department of Finance, the Department of Labour, the Local Government Staff Negotiations Board, the Labour Court and representatives of the International Labour Organisation. The Commission has taken account of the views expressed by these organisations to the maximum extent possible in preparing this Code.
3. The Code recognises that the primary responsibility for dealing with industrial relations issues and the resolution of disputes rests with employers, employer organisations and trade unions. It is the intention of the Code to ensure that in line with this responsibility employers and trade unions:
(i) agree appropriate and practical arrangements for resolving disputes on collective and individual issues;
(ii) observe the terms of these agreements;
and
(iii) refrain from any actions which would be in contravention of them.
4. The Code is designed to assist employers* and trade unions in making agreements which recognise the rights and interests of the parties concerned and which contain procedures which will resolve issues in a peaceful manner and avoid the need for any of the parties to resort to actions which will lead to a disruption of supplies and services and a loss of income to employees and of revenue to employers.
5. The major objective of agreed procedures is to establish arrangements to deal with issues which could give rise to disputes. Such procedures provide for discussion and negotiation with a view to the parties reaching agreement at the earliest possible stage of the procedure and without resort to any form of industrial action.
6. The Code provides practical guidance on procedures for the resolution of disputes between employers and trade unions and how to operate them effectively. The principles contained in the Code are appropriate for employments in the public and private sectors of the economy irrespective of their function, nature or size.
7. The procedures in the Code provide a framework for the peaceful resolution of disputes, including disputes in essential services. The Code also provides general guidance to employers and trade unions on the arrangements which are necessary to ensure minimum cover or service where disputes which give rise to stoppages of work could have serious and adverse
* (The use of the word “employers” in the Code includes employer organisations where relevant and appropriate).
consequences for the community or the undertaking concerned and its employees.
8. Although the Code has been prepared primarily for employments where terms of employment are established through employer/trade union agreements its general principles should be regarded as being applicable to other undertakings and enterprises and to their employees.
SECTION II -GENERAL PROVISIONS
9. Agreements between employers and trade unions on dispute settlement procedures can make a significant contribution to the maintenance of industrial peace. The dispute procedures contained in this Code should be seen as providing an underpinning for the conduct of industrial relations in an enterprise and in relationships between the parties.
10. Agreements on dispute procedures should be seen to be fair and equitable as between the interests of the parties and should include provision for the resolution of disputes on collective and individual issues and such procedures should be introduced where they currently do not exist.
11. Employers and trade unions should examine existing procedures at the level of the enterprise and take whatever steps may be necessary to ensure that the principles outlined in the Code are incorporated within them.
12. Dispute procedures should be as comprehensive as possible covering all foreseeable circumstances and setting out the consecutive stages involved in the resolution of disputes on collective and/or individual issues. Such procedures should include agreement on the appropriate level of management and trade union representation which will be involved at each stage of the procedure. The actions required of the parties at each stage of the procedure should be clearly indicated.
13. Agreements between employers and the trade unions should be in writing so as to eliminate the possibility of misunderstandings arising from lack of awareness of procedures or misinterpretation of informal arrangements which may have come to be regarded as “custom and practice”.
14. Employees and management at all levels should be aware of the agreed procedures. Accordingly, arrangements should be made for these procedures to be communicated and explained through whatever means may be appropriate.
15. Dispute procedures should afford early access to disputes resolution machinery and to arrangements for the settlement of collective and individual issues within a reasonable timescale. The introduction of any specific time-limits for the operation of different stages of a disputes procedure is a matter for consideration by employers and unions at local level.
16. The procedures for building disputes on collective and individual issues should take account, where appropriate, of the functions of the relevant State agencies (The Labour Relations Commission, The Labour Court, The Rights Commissioner Service, The Equality Service and The Employment Appeals Tribunal) so as to facilitate the potential use of these services in the development and maintenance of good industrial relations.
17. Nothing in the Code precludes an employer and trade union in an enterprise, industry or service from adding other stages to their dispute procedures should this be considered appropriate.
18. The operation of dispute procedures should be reviewed from time to time with the object of improving the practical working of the procedures.
19. The Labour Relations Commission will provide assistance to employers and trade unions in formulating agreed dispute procedures in accordance with the Code.
SECTION III -EMERGENCY/MINIMUM SERVICE
20. While the primary responsibility for the provision of minimum levels of services rests with managements this Code recognises that there is a joint obligation on employers and trade unions to have in place agreed contingency plans and other arrangements to deal with any emergency which may arise during an industrial dispute. Employers and trade unions should co-operate with the introduction of such plans and contingency arrangements. In particular, employers and trade unions in each employment providing an essential service should co-operate with each other in making arrangements concerning:
( a ) the maintenance of plant and equipment;
( b ) all matters concerning health, safety and security;
( c ) special operational problems which exist in continuous process industries—
( d ) the provision of urgent medical services and suppliers;
( e ) the provision of emergency services required on humanitarian grounds.
21. In the event of the parties encountering problems in making such arrangements they should seek the assistance of the Labour Relations Commission.
SECTION IV -DISPUTES PROCEDURES-GENERAL
22. The dispute procedures set out below should be incorporated in employer/trade union agreements for the purpose of peacefully resolving disputes arising between employers and trade unions. Such agreements should provide:
( a ) that the parties will refrain from any action which might impede the effective functioning of these procedures;
( b ) for co-operation between trade union and employers on appropriate arrangements and facilities for trade union representatives to take part in agreed disputes procedures;
( c ) for appropriate arrangements to facilitate employees to consider any proposals emanating from the operation of the procedures.
23. Trade union claims on collective and individual matters and other issues which could give rise to disputes should be the subject of discussion and negotiation at the appropriate level by the parties concerned with a view to securing a mutually acceptable resolution of them within a reasonable period of time. Every effort should be made by the parties to secure a settlement without recourse to outside agencies.
24. In the event of direct discussions between the parties not resolving the issue(s), they should be referred to the appropriate service of the Labour Relations Commission. The parties should co-operate with the appropriate service in arranging a meeting as soon as practicable to consider the dispute.
25. Agreements should provide that, where disputes are not resolved through the intervention of these services and where the Labour Relations Commission is satisfied that further efforts to resolve a dispute are unlikely to be successful, the parties should refer the issues in dispute to the Labour Court for investigation and recommendation or to such other dispute resolution body as may be prescribed in their agreements.
26. During the period in which the above procedures are being followed no strikes, lock-outs or other action designed to bring pressure to bear on either party should take place.
27. Strikes and any other form of industrial action should only take place after all dispute procedures have been fully utilised.
28. Where notice of a strike or any other form of industrial action is being served on an employer a minimum of 7 days notice should apply except where agreements provide for a longer period of notice.
29. The procedure outlined in paragraphs 24 and 25 above refer to employees who have statutory access to the Labour Relations Commission and the Labour Court under the Industrial Relations Acts, 1946 to 1990. In the case of employees who do not have access to these bodies, for example, certain employees in the public services, discussions should take place between the parties concerned with a view to developing procedures which would be in accordance with the principles included in this Code to the extent that such procedures do not already exist. In developing such procedures the parties should have regard to such considerations as the size and complexity of the employments concerned, the nature of the services provided, and the terms of employment of the employees involved.
SECTION V – ESSENTIAL SERVICES – AGREEMENTS ON SPECIAL PROCEDURES:
30. In the case of essential services, additional procedures and safeguards are necessary for the peaceful resolution of disputes and these should be included in the appropriate agreements between employers and trade unions. These services include those whose cessation or interruption could endanger life, or cause major damage to the national economy, or widespread hardship to the Community and particularly: health services, energy supplies, including gas and electricity, water and sewage services, fire, ambulance and rescue services and certain elements of public transport. This list is indicative rather than comprehensive. The provisions of this section of the Code could be introduced by agreement in other enterprises or undertakings where strikes, lock-outs or other forms of industrial action could have far reaching consequences.
31. These additional procedures and safeguards should be introduced through consultation and agreement in all services and employments coming within the scope of paragraph 30 above. The parties should recognise their joint responsibility to resolve disputes in such services and employments without resorting to strikes or other forms of industrial action.
32. The introduction of these additional procedures and safeguards should be accompanied by arrangements for the dissemination and exchange of information relating to various aspects of the life of the undertaking concerned including its relationship with the community which it serves. Employees should make appropriate arrangements for consultation with the unions through the use of agreed procedures especially where major changes affecting employees’ interests are concerned.
33. Except where other procedures and safeguards have been introduced which ensure the continuity of essential supplies and services, agreements negotiated on a voluntary basis should include one of the following provisions in order to eliminate or reduce any risk to essential supplies and services arising from industrial disputes:
( a ) acceptance by the parties of awards, decisions and recommendations which result from the final stage of the dispute settlement procedure where these include investigation by an independent expert body such as the Labour Court, an agreed arbitration board or tribunal or an independent person appointed by the parties;
or
( b ) a specific undertaking in agreements that, in the event of any one of the parties deciding that an award, decision or recommendation emerging from the final stage of the dispute settlement procedure is unsatisfactory they will agree on the means of resolving the issue without resort to strike or to other forms of industrial action, such agreements to include a provision for a review of the case by an agreed recognised body after twelve months, such review to represent a final determination of the issue;
or
( c ) provision that the parties to an agreement would accept awards, decisions or recommendations resulting from the operation of the final stage of the dispute procedure on the basis that an independent review would take place at five yearly intervals to examine whether the employees covered by the agreement had been placed at any disadvantage as a result of entering into such agreement and if so to advise, having regard to all aspects of the situation, including economic and financial considerations, on the changes necessary to redress the position.
SECTION VI – ESSENTIAL SERVICES – MAINTENANCE OF INDUSTRIAL PEACE
34. Where the parties have not concluded an agreement incorporating the procedures referred to in paragraph 33 (a) (b) or (c) and otherwise where for any reason a serious threat to the continuity of essential supplies and services exists, or is perceived to exist, as a result of the failure of the parties to resolve an industrial dispute and where the Labour Relations Commission is satisfied that all available dispute procedures have been used to try to effect a settlement, the Labour Relations Commission should consult with the Irish Congress of Trade Unions and the Federation of Irish Employers about the situation. The objective of such consultation should be to secure their assistance and co-operation with whatever measures may be necessary to resolve the dispute, including, where appropriate, arrangements which would provide a basis for a continuation of normal working for a period not exceeding six months while further efforts by the parties themselves or the dispute settlement agencies were being made to secure a full and final settlement of the issues in dispute.
SECTION VII – REVIEW OF CODE
35. The Commission will review the draft Code and its operation at regular intervals and advise the Minister for Labour of any changes which may be necessary or desirable.
APPENDIX I
Codes of Practice:
Section 42 Industrial Relations Act 1990
(1) The Commission shall prepare draft codes of practice concerning industrial relations for submission to the Minister, either on its own initiative or at the request of the Minister.
(2) Before submitting a draft code of practice to the Minister, the Commission shall seek and consider the views of organisations representative of employers and organisations representative of workers, and such other bodies as the Commission considers appropriate.
(3) Where the Minister receives a draft code of practice from the Commission he may by order declare that the code, scheduled to the order, shall be a code of practice for the purposes of this Act.
(4) In any proceedings before a court, the Labour Court, the Commission, the Employment Appeals Tribunal, a Rights Commissioner or an Equality Officer, a code of practice shall be admissible in evidence and any provision of the code which appeals to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
(5) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings.
(6) The Minister may at the request of or after consultation with the Commission by order revoke or amend a code of practice.
(7) Every order made under this section 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 House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
EXPLANATORY NOTE
The effect of this Order is to declare that the draft code of practice set out in the Schedule to this Order is a code of practice for the purposes of the Industrial Relations Act, 1990 .