Transnational Information and Consultation of Employees Act 1996

Interpretation.

3

3. (1) In this Act, unless the context otherwise requires—

F1 [ agency worker means an agency worker to whom the Protection of Employees (Temporary Agency Work) Act 2012 applies; ]

appointed” means, in the absence of an election, appointed by employees, or appointed by management on a basis agreed with employees;

central management” means—

(a) in the case of a Community-scale undertaking, the central management of the undertaking, and

( b) in the case of a Community-scale group of undertakings, the central management of the controlling undertaking,

or such other level of management determined by the central management or agreed between the central management and the employees of the undertaking or group of undertakings;

Community-scale undertaking” means any undertaking with at least 1,000 employees within the Member States and at least 150 employees in each of at least two Member States;

Community-scale group of undertakings” means a group of undertakings with—

( a) at least 1,000 employees within the Member States, and

( b) at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State;

Community” means—

( a) the European Community F2 [ ]; and

( b) Norway, Iceland and Liechtenstein;

F3 [ consultation means the establishment of dialogue and exchange of views between employees representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees representatives to express an opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which may be taken into account within the Community-scale undertaking or Community-scale group of undertakings; ]

contract of employment” means a contract of service or of apprenticeship, whether express or implied, and if express, whether oral or in writing;

controlled undertaking” and “ controlling undertaking” have the meanings assigned to them, respectively, by section 5 (1) ;

F3 [ Directive means Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees; ]

elected” means elected in accordance with the First Schedule ,

employee” means a person who has entered into or works under a contract of employment with an undertaking or group of undertakings, other than a person who is employed in a managerial capacity in the central management of the undertaking or group of undertakings;

employees’ representatives” means—

( a) in the case of a Special Negotiating Body, persons elected or appointed to that Body, who may include—

(i) employees, and

(ii) trade union officials and officials of an excepted body, whether or not they are employees,

and

(b) in the case of a European Works Council or European Employees’ Forum, or in relation to any other arrangement for the information and consultation of employees to which this Act applies, employees elected or appointed to those bodies or for the purposes of those arrangements;

establishment”, in relation to an undertaking, means a division (however described) of the undertaking physically separated from other parts of the undertaking;

European Employees’ Forum” means a European Employees’ Forum established in accordance with an agreement referred to in section 11 (1) ;

European Works Council” means a Council established in accordance with the Second Schedule for the purpose of informing and consulting employees;

excepted body” has the meaning assigned to it by section 6 (3) of the Trade Union Act, 1941, as amended;

expert” means a natural person, and may be the holder from time to time of a named office or position in a body corporate or other body or organisation;

group of undertakings” means a controlling undertaking and its controlled undertakings, and “ group undertaking” has a corresponding meaning;

F4 [ information has the meaning assigned to it by subsection (1A)( a ) and shall be construed in accordance with subsection (1A)( b ); ]

information and consultation procedure” means an information and consultation procedure established in accordance with an agreement referred to in section 11 (1) ;

Member State” means a Member State of the Community;

the Minister” means the Minister for Enterprise and Employment;

F1 [ relevant information means information as respects

( a ) the number of agency workers temporarily engaged to work for the employer,

( b ) those parts of the employer s business in which those agency workers are, for the time being, working, and

( c ) the type of work that those agency workers are engaged to do; ]

Special Negotiating Body” means a Special Negotiating Body established in accordance with section 10 to negotiate with the central management for an agreement for the establishment of arrangements for the information and consultation of employees;

trade union official” means an official of a trade union licensed under the Trade Union Acts, 1871 to 1990, which is already recognised for collective bargaining or information and consultation purposes by the business units of the Community-scale undertaking or group of undertakings located in the State;

undertaking” means any form of economic activity.

F4 [ (1A) For the purposes of this Act

( a ) information means transmission of data F1 [ (including relevant information) ] by the employer to the employees representatives in order to enable them to acquaint themselves with the subject matter and to examine it, and

( b ) information shall be given at such time, in such fashion and with such content as are appropriate to enable employees representatives to

(i) undertake an in-depth assessment of the possible impact, and

(ii) where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings. ]

F1 [ (1B) For the purposes of this Act, an agency worker to whom the Protection of Employees (Temporary Agency Work) Act 2012 applies shall, for the duration of the agency worker s assignment with a hirer (within the meaning of that Act), be treated as being employed by the employment agency concerned and, accordingly, references in this Act to contract of employment shall, as respects any such agency worker, be construed as including references to contract of employment within the meaning of that Act. ]

(2) A word or expression used in this Act that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.

(3) In construing a provision of this Act, a court shall give it a construction that will give effect to the Directive, and for that purpose the court shall have regard to the provisions of the Directive, including its preamble.

(4) In this Act, including a Schedule to this Act—

( a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

( c) a reference to a Schedule is a reference to a Schedule to this Act.

(5) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.

Annotations:

Amendments:

F1

Inserted (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 18, commenced on enactment.

F2

Deleted (15.12.1999) by European Communities (Transnational Information and Consultation of Employees Act, 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999), reg. 2; subsequently also deleted (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 3(b).

F3

Substituted (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 3(a) and (c). These regulations give the following reference for Directive 2009/38/EC: O.J. No. L. 122, 16.5.2009, p. 28.

F4

Inserted (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 3(d) and (e).

Editorial Notes:

E4

European Communities (Transnational Information and Consultation of Employees Act, 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999) were revoked (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380), reg. 20(a).