Industrial Relations Act 1946

42C.

F37 [ Making of employment regulation orders.

42C. (1) Where the Court adopts the proposals of a joint labour committee it shall forward a copy of the proposals to the Minister.

(2) As soon as practicable after receipt of a copy of proposals under subsection (1) , the Minister shall, where he or she is satisfied that sections 42A and 42B have been complied with, and where he or she considers it appropriate to do so, make an employment regulation order giving effect to such proposals.

(3) Where the Minister is not satisfied that sections 42A and 42B have been complied with, or where he or she considers that it is not appropriate to make an employment regulation order to give effect to the proposals adopted by the Court, he or she shall

( a ) refuse to make an employment regulation order giving effect to such proposals, and

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

(4) An employment regulation order shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by this or any other Act.

(5) An employment regulation order may amend or revoke any previous employment regulation order.

(6) Every order under subsection (2) 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 prejudiceto the validity of anything previously done thereunder. ]

Annotations:

Amendments:

F37

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, S.I. No. 302 of 2012.

Editorial Notes:

E111

Power pursuant to section exercised (1.06.2017) by Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (S.I. No. 231 of 2017).

E112

Power pursuant to section exercised (27.10.2016) by Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016 (S.I. No. 548 of 2016).

E113

Redress procedure for posted workers in respect of non-payment of net remuneration under employment regulation orders under section provided (27.07.2016) by European Union (Posting of Workers) Regulations (S.I. No. 412 of 2016), reg. 9(1)(b).

E114

Power pursuant to section exercised (1.10.2015) by Employment Regulation Order (Contract Cleaning Joint Labour Committee) 2015 (S.I. No. 418 of 2015), in effect as per art. 2.

E115

Redress procedure in respect of employment regulation orders under section provided (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 41(1) and sch. 5 part 1, item 10, S.I. No. 338 of 2015.

E116

Previous affecting provision: power pursuant to section exercised (1.10.2015) by Employment Regulation Order (Security Industry Joint Labour Committee) 2015 (S.I. No. 417 of 2015), in effect as per art. 2; revoked (1.06.2017) by Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (S.I. No. 231 of 2017), art. 2, in effect as per art. 3.