Industrial Relations Act 1946

Registration of employment agreements.

27

27. (1) Any party to an employment agreement may apply to the Court to register the agreement in the register.

F21 [ (2) Every application to register an employment agreement shall be accompanied by

( a ) a copy of the agreement, and

( b ) confirmation, in such form and accompanied by such documentation as the Court may specify, that the parties to the agreement are substantially representative of the workers and employers in the class, type or group to which the agreement is expressed to apply, ]

(3) Where an application is duly made to the Court to register in the register an employment agreement, the Court shall, subject to the provisions of this section, register the agreement in the register if it is satisfied—

( a) that, in the case of an agreement to which there are two parties only, both parties consent to its registration and, in the case of an agreement to which there are more than two parties, there is substantial agreement amongst the parties representing the interests of workers and employers, respectively, that it should be registered,

F22 [ ( aa ) that it is appropriate to do so having regard to the matters specified in subsections (3A) and (3B), ]

( b) that the agreement is expressed to apply to all workers of a particular class, type or group and their employers where the Court is satisfied that it is a normal and desirable practice or that it is expedient to have a separate agreement for that class, type or group,

( c) that the parties to the agreement are substantially representative of such workers and employers,

( d) that the agreement is not intended to restrict unduly employment generally or the employment of workers of a particular class, type or group or to ensure or protect the retention in use of inefficient or unduly costly machinery or methods of working,

( e) that the agreement provides that if a trade dispute occurs between workers to whom the agreement relates and their employers a strike or lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement, and

( f) that the agreement is in a form suitable for registration.

F22 [ (3A) The Court shall not register an agreement under subsection (3) unless it is satisfied that

( a ) the parties to the agreement are substantially representative of the workers and employers in the sector in question, and in satisfying itself in that regard the Court shall take into consideration

(i) the number of workers represented by the trade union party, and

(ii) the number of workers employed by the employer or the number of workers employed by employers represented by a trade union of employers,

in the class, type or group of workers to which the agreement is expressed to apply, and

( b ) registration of the agreement is likely to promote

(i) harmonious relations between workers and employers, and

(ii) the avoidance of industrial unrest.

(3B) When considering whether it is appropriate to register an agreement under subsection (3), other than an agreement applying to a single employer, the Court shall have regard to the following:

( a ) that the agreement will be binding on all workers and employers in the sector in question;

( b ) the desirability of maintaining established arrangements for collective bargaining;

( c ) the benefits of consultation between worker and employer representatives at enterprise and sectoral level;

( d ) the experience of registration and variation of employment agreements in the sector in question;

( e ) the potential impact on employment levels in the sector in question of registering an employment agreement;

( f ) the desirability of agreeing and maintaining fair and sustainable rates of remuneration in the sector in question;

( g ) the desirability of maintaining competitiveness in the sector in question;

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

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

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

( k ) where enterprises in the sector in question are in competition with enterprises in another Member State, the general level of wages in the enterprises in that other Member State taking into account the cost of living in the Member State concerned., ]

(4) Where an application is made to the Court to register an employment agreement, the Court shall direct such parties thereto as the Court shall specify to publish specified particulars of the agreement in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned.

(5) ( a) The Court shall not register an employment agreement until the lapse of fourteen days after publication of particulars of the agreement in accordance with subsection (4) of this section.

( b) If within that period the Court receives notice of an objection to the agreement being registered, the Court shall, unless it considers the objection frivolous, consider the objection and shall hear all parties appearing to the Court to be interested and desiring to be heard, and if, after such consideration, the Court is satisfied that the agreement does not comply with the requirements specified in subsection (3) of this section, the Court shall refuse to register the agreement.

F22 [ (5A) ( a ) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court registers an employment agreement, the Court shall forward a copy of the agreement to the Minister.

( b ) As soon as practicable after receipt of a copy of the agreement, the Minister shall, where he or she is satisfied that subsections (1) to (5) have been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the agreement, from such date (on or after the date of the order) as the Minister shall specify in the order.

( c ) Where the Minister is not satisfied that subsections (1) to (5) have been complied with, or where he or she considers that it is not appropriate to confirm the terms of the agreement, he or she shall

(i) refuse to make an order to confirm the terms of the agreement, and

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

( d ) Every order under paragraph ( b ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

( e ) Nothing in this subsection shall affect the validity of an employment agreement registered before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012. ]

(6) A registered employment agreement shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by another Part of this Act or by any other Act.

F22 [ (7) A registered employment agreement may provide that an employer may apply to the Court under section 33A for an exemption from the obligation to pay the rate of remuneration provided by the agreement. ]

Annotations:

Amendments:

F21

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012) s. 5(a), S.I. No. 302 of 2012.

F22

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 5(b)-(e), S.I. No. 302 of 2012.

Modifications (not altering text):

C17

Application of section restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 43(3), S.I. No. 96 of 2000.

Repercussive claims.

43.— ...

(3) The Labour Court shall not register an employment agreement under section 27 of the Industrial Relations Act, 1946, or vary such an agreement under section 28 of that Act if, in the view of the Labour Court, the agreement or variation, or part of the agreement or variation, is based on or partly on the restoration of a pay differential between an employee and another employee who has secured or is to secure an increase in pay as the result of the passing of this Act.

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