Transnational Information and Consultation of Employees Act 1996

Exemption.

6

6. (1) Subject to subsections (3), (4) and (5) F9 [ and section 12A ], the obligations under this Act shall not apply to Community-scale undertakings or Community-scale groups of undertakings in which, on the commencement of this Act or the 22nd day of September, 1996, whichever is the earlier, there is or was in force within the same Community-scale undertaking or Community-scale group of undertakings an agreement covering the entire workforce providing for the transnational information and consultation of employees, and while that agreement remains in force.

F10 [ (1A) Subject to subsections (3), (4) and (5) and section 12A, the obligations under this Act shall not apply to Community-scale undertakings or Community-scale groups of undertakings in the United Kingdom brought within the scope of this Act by virtue of the application of Council Directive 97/74/EC of 15 December 1997 and in which there was in force within the same Community-scale undertaking or Community-scale group of undertakings on 15 December 1999 an agreement covering the entire workforce providing for the transnational information and consultation of employees, and while the agreement remains in force.

(1B) For the purposes of an agreement referred to in subsection (1) or (1A), the obligations under this Act, referred to in subsection (1), or, as the case may be, (1A), shall not apply to an agreement referred to in subsection (1) or, as the case may be, (1A), where such agreements are adjusted because of changes in the structure of the Community-scale undertaking or Community-scale group of undertakings.

(1C) Subject to subsections (3), (4) and (5) and section 12A, the obligations arising from the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 shall not apply to Community-scale undertakings or Community-scale groups of undertakings in respect of which

( a ) there is in force, within the same Community-scale undertaking or Community-scale group of undertakings, an agreement concluded pursuant to section 12 of this Act, and

( b ) such agreement was signed or revised between 5 June 2009 and 5 June 2011,

while that agreement remains in force. ]

(2) An agreement referred to in F11 [ F12 [ subsection (1), (1A) or (1C) ] or (1A) ] may comprise multiple agreements within the same Community-scale undertaking or group of undertakings if, construed together, they satisfy the requirements of that subsection.

(3) At any time before an agreement referred to in F11 [ F13 [ subsection (1), (1A) or (1C) ] or (1A) ] expires or within the period of six months immediately after it expires, the parties to the agreement may jointly renew F14 [ or revise ] it for such further period as they think fit.

(4) An agreement renewed F15 [ or revised ] under subsection (3) within the six months period referred to in that subsection shall be deemed to have remained in force from the date it would otherwise have expired.

(5) Where an agreement is not renewed F16 [ or revised ] in pursuance of subsection (3) before its expiration or before the expiration of the six months period referred to in that subsection, this Act shall, on the expiration of that six months period, but not before, apply in full to and in relation to the Community-scale undertaking or group of undertakings to which the agreement applied.

(6) An agreement referred to in F11 [ F17 [ subsection (1), (1A) or (1C) ] or (1A) ] shall be presumed to be valid unless proved to the contrary, and shall remain in force—

( a) for such period, if any, as is specified in the agreement or the agreement as renewed F18 [ or revised ]; or

( b) in the case of an open ended agreement, until it is brought to an end in accordance with its terms.

(7) An agreement referred to in F11 [ F19 [ subsection (1) or (1A) ] or (1A) ] shall not be valid unless it has been accepted by a majority of the workforce to which it applies.

(8) In this section “ agreement” includes an open ended agreement subject to review and alteration by the parties.

Annotations:

Amendments:

F9

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. 7(1)(a).

F10

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. 7(1)(b).

F11

Substituted (15.12.1999) by European Communities (Transnational Information and Consultation of Employees Act, 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999), reg. 3(b), commenced as per reg. 1(2).

F12

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. 7(1)(c).

F13

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. 7(1)(d)(i).

F14

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. 7(1)(d)(ii).

F15

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. 7(1)(e).

F16

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. 7(1)(f).

F17

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. 7(1)(g)(i).

F18

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. 7(1)(g)(ii).

F19

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. 7(1)(h).

Editorial Notes:

E5

Previous affecting provision: subs. (1A) inserted (15.12.1999) by European Communities (Transnational Information and Consultation of Employees Act, 1996 (Amendment) Regulations 1999 (S.I. No. 386 of 1999), reg. 3(a) and appears to be superseded as per F-note above. These regulations were revoked (13.07.2010) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 20(a).