Employment Equality Act 1998

Reference of collective agreements to F154 [ Director General of the Workplace Relations Commission ].

86

86. (1) If the Authority or a person who is affected by a collective agreement claims that a provision of that agreement is null and void by virtue of section 9 , the Authority or that person may refer the question of that agreement to the F154 [ Director General of the Workplace Relations Commission ]; and in this section (and section 87 ) the Authority or the person making such a reference is referred to as “ the complainant”.

(2) For the purposes of this section (and section 87 )—

( a) the expression “ collective agreement” shall be taken to include an order or agreement falling within paragraph (b) or (c) of section 9 (3) ,

( b) a person is affected by a collective agreement if that person is an employee whose remuneration or whose conditions of employment are, in whole or in part, governed by the agreement (or any part of it), and

( c) the respondents” means the parties to the agreement, other than (where relevant) the complainant.

(3) Subject to subsection (4), where a collective agreement is referred to the F154 [ Director General of the Workplace Relations Commission ] under this section, the F154 [ Director General of the Workplace Relations Commission ] shall consider whether the question of the possible nullity of a provision of the agreement appears to be one which could be resolved by mediation and—

( a) if the F154 [ Director General of the Workplace Relations Commission ] considers that the question could be so resolved, the F154 [ Director General of the Workplace Relations Commission ] shall refer the agreement to an F155 [ mediation officer ] for mediation in accordance with section 87 , and

( b) if the F154 [ Director General of the Workplace Relations Commission ] considers that the question could not be so resolved, the F154 [ Director General of the Workplace Relations Commission ] shall proceed in accordance with paragraph (b) or (c) of subsection (4).

(4) If the complainant or the respondents object to a reference under subsection (3)(a) (or if section 78(7) applies in accordance with subsection (6)) the Director—

( a) shall not exercise the powers under subsection (3)(a),

( b) shall investigate the agreement and, for that purpose, hear all persons appearing to the F154 [ Director General of the Workplace Relations Commission ] to be interested and desiring to be heard, and

( c) shall issue a decision in accordance with section 87 ,

and subsections (3) and (4) of section 79 shall apply in relation to an investigation by the F154 [ Director General of the Workplace Relations Commission ] under this subsection as they apply in relation to an investigation by the F154 [ Director General of the Workplace Relations Commission ] under that section.

(5) Mediation under subsection (3) or an investigation under subsection (4) shall be conducted in private.

(6) Where a collective agreement is referred for mediation under subsection (3), subsections (5) to (7) of section 78 shall apply as they apply where a case which has been referred to an F155 [ mediation officer ] under section 78(1) but, for the purpose of that application—

( a) references in those subsections to the complainant and the respondent shall be construed as references to the complainant and the respondents, within the meaning of this section, and

( b) section 78(7) shall have effect as if, for the words following paragraph (c) thereof, there were substituted “ the Director shall investigate the matter of the agreement under section 86(4) ”.

Annotations:

Amendments:

F154

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provisions in subs. (2).

F155

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C35

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.