INDUSTRIAL RELATIONS (AMENDMENT) ACT 2001


Number 11 of 2001


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2001

REVISED

Updated to 1 August 2015


This Revised Act is an administrative consolidation of the Industrial Relations (Amendment) Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, and all statutory instruments up to and including Education Act 1998 (Section 53) (Prescribed Public Bodies) Regulations 2015 (S.I. No. 353 of 2015), made 5 August 2015, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 11 of 2001


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2001

REVISED

Updated to 1 August 2015


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Industrial Relations Acts 1946 to 2015 : This Act is one of a group of Acts included in this collective citation to be construed together as one ( Industrial Relations (Amendment) Act 2015, s. 1(2)). The Acts in the group are:

Industrial Relations Act 1946 (26/1946)

Industrial Relations (Amendment) Act 1955 (19/1955) (repealed)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1990 (19/1990), other than Part II (ss. 8-22)

Industrial Relations (Amendment) Act 2001 (11/2001)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004) in so far as it relates to the Industrial Relations Acts 1946 to 2001

Industrial Relations (Amendment) Act 2012 (32/2012) other than ss. 16, 17 and 18

Industrial Relations (Amendment) Act 2015 (27/2015), other than ss. 24 and 36 (collectively cited Industrial Relations Acts 1946 to 2015 and Part 3, other than s. 36, to be construed as one)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Industrial Relations (Amendment) Act 2015 (27/2015 )

Industrial Relations (Amendment) Act 2012 (32/2012)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

Industrial Relations Act 1990 (19/1990)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1946 (26/1946)

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Circuit Court Rules (Industrial Relations Acts) 2007 (S.I. No. 12 of 2007)

Circuit Court Rules 2001 (S.I. No. 510 of 2001)

Industrial Relations (Amendment) Act, 2001 (Commencement) Order 2001 (S.I. No. 232 of 2001)

All statutory instruments up to and including Education Act 1998 (Section 53) (Prescribed Public Bodies) Regulations 2015 (S.I. No. 353 of 2015), made 5 August 2015, were considered in the preparation of this revision.


Number 11 of 2001


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2001

REVISED

Updated to 1 August 2015


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

1A.

Collective bargaining.

1B.

Excepted body to which this Act applies.

2.

Investigation of dispute by Court.

2A.

Section 2: supplemental matters relating to number of members of trade union employed by employer.

3.

Hearing as to whether requirements of section 2 have been met.

4.

Amendment of section 21 of Industrial Relations Act, 1946.

5.

Recommendation by Court on trade dispute.

6.

Determination by Court on trade dispute.

7.

Determinations of Court.

7A.

Priority to be given to business under Act.

8.

Effect of industrial action.

9.

Review of determination of Court.

10.

Enforcement of determination by civil proceedings.

11.

Appeal to High Court on point of law.

11A.

Interim relief pending determination of claim for unfair dismissal.

12.

Regulations.

13.

Short title, collective citation, construction and commencement.


Acts Referred to

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1990

1990, No. 19

Industrial Relations Acts, 1946 to 1990

Trade Union Act, 1941

1941, No. 22

Trade Union Act, 1942

1942, No. 23


Number 11 of 2001


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2001

REVISED

Updated to 1 August 2015


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND EMPLOYERS, TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACTS, 1946 TO 1990, AND TO PROVIDE FOR RELATED MATTERS. [29 th May , 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Industrial Relations Acts potentially restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 42, S.I. No. 96 of 2000.

Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.

42.— The provisions of this Act are in addition to and not in derogation of the Industrial Relations Acts, 1946 to 1990, or—

( a) Employment Regulation Orders, and the enforcement of such Orders, made under those Acts, or

( b) Registered Employment Agreements, and the enforcement of such Agreements, on the register under those Acts on the commencement of this section,

except that where a minimum hourly rate of pay in accordance with this Act is a greater amount than the minimum rate of pay prescribed under an Employment Regulation Order or such a Registered Employment Agreement, the employee’s entitlement to pay in accordance with this Act shall prevail.

C2

Application of collectively cited Industrial Relations Acts 1946 to 1990 restricted (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(10), S.I. No. 138 of 1977, as substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(d), commenced as per s. 17(4).

Determination of claims for unfair dismissal.

8.— ...

[(10) (a) A dispute in relation to a dismissal as respects which a recommendation has been made by a rights commissioner under this Act or a hearing by the Tribunal under this Act has commenced shall not be referred, under the Industrial Relations Acts, 1946 to 1990, to a rights commissioner or the Labour Court.

(b) Where, in relation to a dismissal, a recommendation has been made by a rights commissioner, or a hearing by the Labour Court under the said Acts has commenced, the employee concerned shall not be entitled to redress under this Act in respect of the dismissal. ]

...