Industrial Relations Act 1946

PART III.

Agreements Relating to Wages and Conditions of Employment.

Annotations:

Amendments:

F19

Deleted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(a), S.I. No. 302 of 2012.

F20

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(b), S.I. No. 302 of 2012.

Modifications (not altering text):

C16

Principle of equality applied to registered employment agreements by Pensions Act 1990 (25/1990), s. 74 as substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 81C, S.I. No. 141 of 2004.

Principle of equal pension treatment and collective agreements, etc.

81C.—(1) Subject to subsection (3)—

(a) if a rule or term of an agreement or order to which this section applies would not, if it were a rule of a scheme, comply with the principle of equal pension treatment on the gender ground, it shall, to the extent that it would not so comply, be rendered null and void and the provisions of section 80(1), (2), (5) and (6) shall apply to that rule or term as they apply to a rule of a scheme in respect of employees,

(b) if a rule or a term of an agreement or order to which this section applies would not, if it were the rule of a scheme, comply with the principle of equal pension treatment on any ground other than the gender ground, it shall, to the extent that it would not so comply, be rendered null and void and the provisions of section 81(1), (2), (3) and (5) shall apply to that rule or term as they apply to a rule of a scheme in respect of employees.

(2) This section applies to—

(a) a collective agreement relating to employees,

(b) an employment regulation order within the meaning of Part IV of the Act of 1946, and

(c) a registered employment agreement within the meaning of Part III of that Act.

...

Editorial Notes:

E22

Declared unconstitutional: Part III was declared unconstitutional (9.05.2013) in McGowan & Ors v The Labour Court, Ireland, the Attorney General & Ors [2013] IESC 21. Meanwhile the Industrial Relations (Amendment) Act 2012 (32/2012) was enacted and included amendments to address issues raised in the case.

Definitions for purposes of Part III.

25

25.In this Part—

the expression “ employment agreement” means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers;

the expression “ the register” means the Register of Employment Agreements;

F19 [ ]

F20 [ the expression registered employment agreement means

( a ) in the case of an agreement registered before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, an employment agreement for the time being registered in the register, and

( b ) in the case of an agreement registered after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, an employment agreement for the time being registered in the register, the terms of which have been confirmed by order of the Minister under section 27,

and the word registered shall be construed accordingly. ]

Annotations:

Amendments:

F19

Deleted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(a), S.I. No. 302 of 2012.

F20

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 4(b), S.I. No. 302 of 2012.