Industrial Relations Act 1946
Making of establishment orders.
F34[39. (1) Where the Court has held, in pursuance of section 38 of this Act, an inquiry into an application for an establishment order, the Court may, subject to section 37 of this Act, if it is satisfied that to do so would promote harmonious industrial relations between workers and employers and assist in the avoidance of industrial unrest, make a recommendation to the Minister in either the terms of the draft establishment order prepared in accordance with section 38 or with such modifications of those terms as it considers necessary.
(2) Where the Court makes a recommendation under subsection (1), it shall forward a copy of the recommendation to the Minister.
(3) As soon as practicable after receipt of a copy of a recommendation under subsection (2), the Minister shall, where he or she is satisfied that subsection (1) has been complied with, and where he or she considers it appropriate to do so, make an order in the terms of the recommendation.
(4) Where the Minister is not satisfied that subsection (1) has been complied with, or where he or she considers that it is not appropriate to make an order in the terms of the recommendation, he or she shall—
(a) refuse to make an order in the terms of the recommendation, and
(b) notify the Court in writing of his or her decision and the reasons for the decision.
(5) An order under subsection (3) may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the order including, where the order abolishes a joint labour committee pursuant to a recommendation of the Court, the revocation of an employment regulation order made pursuant to proposals made by the joint labour committee concerned.
(6) Every order under subsection (3) 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:
F34
Substituted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 41, S.I. No. 329 of 2015.
Modifications (not altering text):
C33
Application of section restricted (18.05.1976) by Industrial Relations Act 1976 (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:
E51
Power pursuant to subs. (3) exercised (1.07.2021) by Early Years’ Service Joint Labour Committee Establishment Order 2021 (S.I. No. 292 of 2021), in effect as per art. 3.
E52
Power pursuant to subs. (3) exercised (11.02.2020) by English Language Schools Joint Labour Committee Establishment Order 2020 (S.I. No. 42 of 2020).
E53
Power pursuant to section exercised (10.02.2009) by Hairdressing Joint Labour Committee Establishment Order 2009 (S.I. No. 45 of 2009).
E54
Power pursuant to section exercised (26.08.2008) by Clothing Joint Labour Committee Establishment Order, 2008 (S.I. No. 329 of 2008).
E55
Power pursuant to section exercised (14.09.2007) by Contract Cleaning Joint Labour Committee Establishment Order 2007 (S.I. No. 626 of 2007).
E56
Power pursuant to section exercised (16.10.1998) by Security Industry Joint Labour Committee Establishment Order 1998 (S.I. No. 377 of 1998).
E57
Power pursuant to section exercised (1.05.1997) by Hotels Joint Labour Committee (For the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire) Establishment Order 1997 (S.I. No. 174 of 1997).
E58
Power pursuant to section exercised (2.04.1991) by Retail Grocery and Allied Trades Joint Labour Committee Establishment Order 1991 (S.I. No. 58 of 1991).
E59
Power pursuant to section exercised (23.04.1965) by Hotels Joint Labour Committee Establishment Order 1965 (S.I. No. 81 of 1965).
E60
Power pursuant to section exercised (8.11.1960) by Provender Milling Joint Labour Committee Establishment Order 1960 (S.I. No. 223 of 1960).
E61
Procedure for publication of orders under section prescribed (9.10.1950) by Industrial Relations Act, 1946, Regulations 1950 (S.I. No. 258 of 1950), reg. 4.
E62
Power pursuant to section exercised (6.11.1947) by Law Clerks Joint Labour Committee (Establishment) Order 1947 (S.I. No. 308 of 1947).
E63
Previous affecting provision: power pursuant to section exercised (30.12.1999) by Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee Establishment Order 1999 (S.I. No. 405 of 1999); Committee abolished (14.09.2007) by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 623 of 2007).
E64
Previous affecting provision: power pursuant to section exercised (27.11.1992) by Catering Joint Labour Committee (County Borough of Dublin and The Borough of Dun Laoghaire) Establishment Order 1992 (S.I. No. 351 of 1992); revoked (18.12.2018) by Catering Joint Labour Committee and Catering Joint Labour Committee (County Borough of Dublin and the Borough of Dun Laoghaire) (Abolition) Order 2018 (S.I. No. 590 of 2018), art. 3.
E65
Previous affecting provision: power pursuant to section exercised (30.04.1984) by Contract Cleaning (City and County of Dublin) Joint Labour Committee Establishment Order 1984 (S.I. No. 105 of 1984); Committee abolished (14.09.2007) by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 624 of 2007).
E66
Power pursuant to section exercised (8.07.1977) by Catering Joint Labour Committee Establishment Order 1977 (S.I. No. 225 of 1977), as amended (1.09.1992) by Catering Joint Labour Committee Establishment (Amendment) Order 1992 (S.I. No. 236 of 1992); revoked (18.12.2018) by Catering Joint Labour Committee and Catering Joint Labour Committee (County Borough of Dublin and the Borough of Dun Laoghaire) (Abolition) Order 2018 (S.I. No. 590 of 2018), art. 3.
E67
Previous affecting provision: power pursuant to section exercised (8.07.1977) by Hairdressing (Cork County Borough) Joint Labour Committee Establishment Order 1977 (S.I. No. 226 of 1977); Committee abolished (10.02.2009) by Hairdressing (Cork County Borough) Joint Labour Committee (Abolition) Order 2009 (S.I. No. 43 of 2009).
E68
Previous affecting provision: power pursuant to section exercised (8.09.1964) by Hairdressing Joint Labour Committee Establishment Order 1964 (S.I. No. 212 of 1964); Committee abolished (10.02.2009) by Hairdressing Joint Labour Committee (Abolition) Order 2009 (S.I. No. 44 of 2009).
E69
Previous affecting provision: power pursuant to section exercised (29.05.1957) by Messengers (Waterford City) Joint Labour Committee Establishment Order 1957. (S.I. No. 118 of 1957); Committee abolished (13.02.1984) by Messengers (Waterford City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 42 of 1984).
E70
Previous affecting provision: power pursuant to section exercised (29.05.1957) by Messengers (Limerick City) Joint Labour Committee Establishment Order 1957 (S.I. No. 119 of 1957); Committee abolished (13.02.1984) by Messengers (Limerick City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 41 of 1984).
E71
Power pursuant to section exercised (20.05.1950) by Messengers (Dublin City and Dun Laoghaire) Joint Labour Committee Establishment Order 1950 (S.I. No. 128 of 1950); Committee abolished (29.08.1988) by Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee (Abolition) Order 1988 (S.I. No. 206 of 1988).
E72
Previous affecting provision: power pursuant to section exercised (19.01.1948) by Creameries Joint Labour Committee Establishment Order 1948 (S.I. No. 173 of 1948); Committee abolished (18.12.1978) by Creameries Joint Labour Committee (Abolition) Order 1978 (S.I. No. 340 of 1978).
E73
Previous affecting provision: power pursuant to section exercised (6.11.1947) by Messengers (Cork City Area) Joint Labour Committee Establishment Order 1947 (S.I. No. 298 of 1947); Committee abolished (13.02.1984) by Messengers (Cork City) Joint Labour Committee (Abolition) Order 1984 (S.I. No. 40 of 1984).