Industrial Relations (Amendment) Act 2015


Number 27 of 2015


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

REVISED

Updated to 6 March 2018


This Revised Act is an administrative consolidation of Industrial Relations (Amendment) Act 2015. It is prepared by the Law Reform Commission in accordance with its function under 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 Public Service Superannuation (Amendment) Act 2018 (2/2018), enacted 28 February 2018, and all statutory instruments up to and including Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018 (S.I. No. 59 of 2018), made 6 March 2018, 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 27 of 2015


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

REVISED

Updated to 6 March 2018


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 (27/2015), s. 1(2) and (3)). The Acts in this group are:

Industrial Relations Act 1946 (26/1946)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1990 (19/1990), other than Part II

Industrial Relations (Amendment) Act 2001 (11/1976)

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

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

Unfair Dismissals Acts 1977 to 2015 : this Act is one of a group of Acts included in this collective citation ( Industrial Relations (Amendment) Act 2015 (27/2015), s. 1(4)). The Acts in this group are:

Unfair Dismissals Act 1977 (10/1977)

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991) (repealed)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), insofar as it relates to the Unfair Dismissals Acts 1977 to 1993

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 6

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the Unfair Dismissals Acts 1977 to 2005

Industrial Relations (Amendment) Act 2015 (27/2015), s. 39

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 1989, 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

Workplace Relations Act 2015 (16/2015)

All Acts up to and including Public Service Superannuation (Amendment) Act 2018 (2/2018), enacted 28 February 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018 (S.I. No. 59 of 2018)

Sectoral Employment Order (Construction Sector) 2017 (S.I. No. 455 of 2017)

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016)

Industrial Relations (Amendment) Act 2015 (Commencement) Order 2015 (S.I. No. 329 of 2015)

All statutory instruments up to and including Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018 (S.I. No. 59 of 2018), made 6 March 2018, were considered in the preparation of this revision.


Number 27 of 2015


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

REVISED

Updated to 6 March 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement

2. Definitions

3. Expenses

4. Repeals

PART 2

Registered Employment Agreements and Sectoral Employment Orders

Chapter 1

Definitions

5. Definitions (Part 2)

Chapter 2

Registered employment agreements

6. Definitions (Chapter 2)

7. Register of Employment Agreements

8. Registration of employment agreements

9. Variation of registered employment agreements

10. Cancellation of registration

11. Adaptation of contracts of service consequential upon registration of employment agreement

12. Interpretation of registered employment agreements

Chapter 3

Sectoral employment orders

13. Definitions (Chapter 3)

14. Submission of request to Court

15. Examination by Court

16. Court recommendation to Minister

17. Sectoral employment orders

18. Review of sectoral employment orders

19. Adaptation of contracts of service consequential upon sectoral employment orders

20. Prohibition on penalisation of worker by employer

21. Exemption from obligation to pay remuneration provided by sectoral employment orders

Chapter 4

Miscellaneous

22. Records

23. Decision of adjudication officer under section 41 of Act of 2015

24. Amendment of Act of 2015

PART 3

Collective Bargaining

25. Definitions (Part 3)

26. Amendment of section 1 of Principal Act

27. Amendment of Principal Act

28. Amendment of section 2 of Principal Act

29. New section 2A inserted into Principal Act

30. Amendment of section 5 of Principal Act

31. Amendment of section 6 of Principal Act

32. Amendment of section 8 of Principal Act

33. Amendment of section 10 of Principal Act

34. New section 11A inserted into Principal Act

35. Amendment of section 1 of Act of 2004

36. Amendment of section 8 of Act of 2004

37. Amendment of section 9 of Act of 2004

38. Amendment of section 13 of Act of 2004

39. Amendment of section 6 of Unfair Dismissals Act 1977

PART 4

Miscellaneous Amendments

40. Amendment of section 3 of Act of 1946

41. Making of establishment orders

42. Amendment of section 40 of Act of 1946

43. Amendment of section 1 of Industrial Relations Act 1976

44. Amendment of section 23 of Act of 1990

45. Time limit in relation to trade dispute where retired worker is party to dispute

46. Amendment of Agricultural Workers Joint Labour Committee Establishment Order 1976



Number 27 of 2015


INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

REVISED

Updated to 6 March 2018


An Act to make further and better provision for promoting harmonious relations between workers and employers and, in particular, to make provision for a system of registered employment agreements and sectoral employment orders; to amend and extend the Industrial Relations (Amendment) Act 2001; to amend and extend the Industrial Relations (Miscellaneous Provisions) Act 2004; to provide for certain interim relief for certain persons in respect of actions taken by them in relation to investigations of trade disputes and, for that purpose, to amend the Unfair Dismissals Act 1977; to amend the Workplace Relations Act 2015 and certain other enactments; and to provide for related matters.

[22 nd July, 2015]

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Certain functions under collectively cited Unfair Dismissals Acts transferred and references construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

(b) under the Regulations specified in Part 3 of the Schedule, are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Social Protection.

...

SCHEDULE

PART 2

Provisions of Acts of the Oireachtas

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Unfair Dismissals Acts 1977 to 2015, other than section 8C(1) (inserted by section 80 (1)(h) of the Workplace Relations Act 2015) of the Unfair Dismissals Act 1977

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