Industrial Relations Act 1946

Inquiry into application for an establishment order.

38

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.— ...

(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.

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.