Industrial Relations Act 1946

Cancellation of registration.

29

29. (1) The registration of an employment agreement may be cancelled by the Court on the joint application of all parties thereto if the Court is satisfied that the consent of all such parties to its cancellation has been given voluntarily.

F24 [ (2) The Court may on its own initiative or on written application to it by an interested party and shall, at the request of the Minister, review a trade or business to which a registered employment agreement relates.

(2A) For the purposes of a review under subsection (2), the Court may commission a report in relation to the circumstances of the trade or business concerned and shall hear all persons appearing to the Court to be interested and desiring to be heard.

(2B) Following a review under subsection (2), the Court may where it is satisfied that it is appropriate to do so

( a ) having regard to the matters specified in subsection (3A) of section 27 and the findings contained in any report commissioned under subsection (2A), and

( b ) having considered any submissions made by interested persons,

cancel the registration of an employment agreement if satisfied that there has been such substantial change in the circumstances of the trade or business to which it relates that it is undesirable to maintain registration. ]

(3) Where a registered employment agreement does not provide for its duration or termination, the Court may, after the lapse of twelve months from the date of registration, cancel the registration on the application, made after six months’ notice to the Court, of all parties thereto representative of workers or of employers.

(4) ( a) Where a registered employment agreement is expressed to be for a specified period, it shall, if in force at the end of that period, and notwithstanding any provision that it shall cease to have effect at the expiration of such period, continue in force until its registration is cancelled in accordance with this Part.

( b) The registration of an employment agreement continued in force under paragraph ( a) of this subsection may be cancelled by the Court on the application of any party thereto, made after three months’ notice to the Court, and consented to by all parties thereto representative of workers or of employers.

(5) Where a registered employment agreement is terminated by any party thereto in accordance with its terms, the Court shall, on receiving notice of the termination, cancel the registration.

F25 [ (6) The Court may cancel the registration of an employment agreement if it is satisfied, having regard to section 27(3A)( a ), that the trade union of workers or employers or trade union of employers who were parties to the agreement are no longer substantially representative of the workers or employers concerned.

(7) ( a ) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court cancels the registration of an employment agreement, the Court shall forward a copy of the cancellation to the Minister.

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

( c ) Where the Minister is not satisfied that the relevant provisions of this section have been complied with, or where he or she considers that it is not appropriate to confirm the terms of the cancellation, he or she shall

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

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

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

Annotations:

Amendments:

F24

Substituted and inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 7(a), S.I. No. 302 of 2012.

F25

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012, (32/2012) s. 7(b), S.I. No. 302 of 2012.