Industrial Relations (Miscellaneous Provisions) Act 2004

Amendment of section 10 of Act of 2001.


4.—The Act of 2001 is amended by substituting the following for section 10:

“Enforcement of determination by civil proceedings.

10.—(1) Where an employer fails to comply with the terms of a determination under section 6 within the period specified in the determination for those terms to be complied with (or, if no such period is so specified, as soon as may be after the determination is communicated to the parties) a trade union or excepted body may make an application under this section to the Circuit Court for an order under subsection (2).

(2) On application being made to it in that behalf, the Circuit Court shall, without hearing the employer or any evidence (other than in relation to the matters referred to in subsection (1)) make an order directing the employer to carry out the determination in accordance with its terms.”.