Industrial Relations (Amendment) Act 2015

Number 27 of 2015

INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

REVISED

Updated to 18 September 2023

This Revised Act is an administrative consolidation of the Industrial Relations (Amendment) Act 2015. 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 the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), enacted 13 October 2023, and all statutory instruments up to and including the Health Act 1970 (Section 58C) (Payments to Relevant Medical Practitioners) (Amendment) Regulations 2023 (S.I. No. 459 of 2023), made 18 September 2023, 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 18 September 2023


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 18 September 2023


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

Functions under collectively cited Unfair Dismissals Acts transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3 and sch. part 2, 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 Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection-

(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 ...

are transferred to the Minister for Business, Enterprise and Innovation.

(2) References to the Minister for Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.

...

SCHEDULE

...

PART 2

PROVISIONS OF ACTS OF THE OIREACHTAS

...

Unfair Dismissals Acts 1977 to 2015

...

C2

Application of collectively cited Industrial Relations Acts extended by Industrial Relations Act 1990 (19/1990), s. 23(1)-(1D) and sch. 6, as inserted (1.02.2020) by Industrial Relations (Amendment) Act 2019 (21/2019), ss. 3, 4, S.I. No. 24 of 2020.

“worker”.

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means [a member of the Garda Síochána referred to in subsection (1A) and] any person aged 15 years or more who has entered into or works under [(or, where the employment has ceased, worked under)] a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

[(1A) For the purposes of subsection (1) and subject to subsections (1B), (1C) and (1D), the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member of the Garda Síochána.

(1B) Subject to subsections (1C) and (1D), for the purposes of subsections (1) and (1A), references to all or any of the following, in relation to a member of the Garda Síochána, shall be construed as follows:

(a) a reference to an employer shall be read as a reference to the Garda Commissioner;

(b) a reference to a—

(i) contract of employment,

(ii) contract with an employer,

(iii) employment contract, or

(iv) any similar term,

shall be read as a reference to any enactment, Garda code, instrument, decision, circular, instruction, any other document or any combination thereof that provides for or specifies the terms and conditions on which that member of the Garda Síochána serves;

(c) a reference to a trade union shall be read as a reference to an association established under and in accordance with section 18 of the Act of 2005;

(d) a reference to an employer organisation, a trade union of employers or an employer association shall be read as a reference to the Garda Commissioner;

(e) without prejudice to section 3 of the Industrial Relations Act 1946, a reference to a trade dispute shall be read as a reference to any dispute or difference between members of the Garda Síochána and the Garda Commissioner that is connected with the appointment or non-appointment of any such member, or with the terms and conditions on which such members serve, and includes any such dispute or difference between retired members and the Garda Commissioner.

(1C) (a) Nothing in subsections (1), (1A) or (1B) shall affect the operation of section 18(3) of the Act of 2005.

(b) Nothing in subsections (1), (1A) or (1B) shall operate to apply the Trade Union Acts 1871 to 1990 to the Garda Síochána and those subsections shall not apply to the interpretation of any terms used in those Acts.

(1D) The enactments specified in column (3) of the Sixth Schedule shall not apply to a worker who is a member of the Garda Síochána to the extent specified in column (4) of that Schedule.]

...

SIXTH SCHEDULE

Section 23(1D)

Enactments to which sections 23(1A) and 23(1B) shall not apply to members of the Garda Síochána

Reference

(1)

Number and Year

(2)

Short Title

(3)

Extent of Disapplication

(4)

...

...

...

...

7.

No. 27 of 2015

Industrial Relations (Amendment) Act 2015

The whole Act

Editorial Notes:

E1

Previous affecting provision: 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; superseded (14.10.2020) as per C-note above.