Industrial Relations Act 1990

FIFTH SCHEDULE

Constitution and Proceedings of Joint Labour Committees

1. In this Schedule—

committee” means a joint labour committee;

the Acts” means the Industrial Relations Acts, 1946 to 1990.

2. (1) Subject to paragraph 3, a committee shall consist of—

( a) one member (in this Schedule referred to as the independent member) appointed by the Minister and chosen as being an independent person, who shall be chairman of the committee, and

( b) members (in this Schedule referred to as representative members) appointed by the Court being—

(i) such number as the Court thinks fit of persons (in this Schedule referred to as representative (employers) members) who, in the opinion of the Court, represent employers in relation to whom the committee is to operate, and

(ii) an equal number of persons (in this Schedule referred to as representative (workers) members) who, in the opinion of the Court, represent workers in relation to whom the committee is to operate.

(2) Before appointing a representative member of a committee the Court shall, so far as is reasonably practicable, consult any organisation of employers or, as the case may be, workers concerned.

(3) The Minister shall appoint an independent person who shall act as independent member and chairman in the absence of the chairman and references in the Acts to an independent member or the chairman shall include references to a person so acting.

F24 [ (4) ( a ) Subject to clause ( b ), the independent member of a committee shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

( b ) Every person who, immediately before the commencement of section 15 of the Industrial Relations (Amendment) Act 2012, was an independent member of a committee shall cease to hold office as such independent member on that date.

( c ) Where the term of office of an independent member of a committee expires under clause ( b ) or by the effluxion of time he or she shall be eligible for reappointment to that office. ]

(5) Where a representative member of a committee ceases, in the opinion of the Court, to be representative of the employers or, as the case may be, workers whom he was appointed to represent, the Court shall determine his membership.

(6) The Court may, in its discretion, determine the membership of any representative member of a committee.

(7) Where the membership of any representative member of a committee is determined, such member shall cease to be a member of the committee.

3. In the case of the joint labour committee for agricultural workers established under section 4 of the Industrial Relations Act, 1976

( a) the independent member shall be appointed by the Minister with the consent of the Minister for Agriculture and Food;

( b) the representative (employers) members of the committee shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural employers as the Minister thinks fit and with the consent of the Minister for Agriculture and Food;

( c) the representative (workers) members of the committee (to a number equal to the number of representative (employers) members) shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural workers as the Minister thinks fit and with the consent of the Minister for Agriculture and Food;

( d) paragraph 2 (2) shall not apply.

4. The proceedings of a committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.

5. In order to constitute a meeting of a committee the independent member and at least one-third of the whole number of the representative members must be present.

6. (1) Subject to the provisions of this paragraph, every member of a committee shall have one vote.

(2) If at any meeting of a committee the group of representative (employers) members present does not equal in number the group of representative (workers) members present—

( a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,

( b) if no such arrangement is made, the chairman of the committee may adjourn the voting on any question to another meeting of the committee.

7. (1) A committee shall meet at such places and times as it may from time to time determine to be suitable for the discharge of its functions and may adjourn any of its meetings.

(2) A committee shall, save as otherwise provided by the Acts, adopt such procedure at its meetings and otherwise, as it may determine to be suitable for the discharge of its functions.

8. (1) A committee, with the consent of the Court, may appoint sub-committees to assist it.

(2) A sub-committee of a committee may consist of members of the committee and such other persons as the committee with the concurrence of the Court may appoint.

(3) A district trade committee established under the Trade Boards Acts, 1909 and 1918, established by a committee when it was a trade board shall be deemed to be a sub-committee appointed by the committee under subparagraph (1) of this paragraph.

9. Members of a committee or of a sub-committee, may be paid such remuneration and allowances (including compensation for loss of time) as the Minister, with the consent of the Minister for Finance, may determine.

10. In the case of each joint labour committee existing at the passing of this Act, the independent members shall be entitled to continue in office until the appointment of the independent member of that committee under paragraph 2 (1) (a) or 3, as the case may require.

Annotations:

Amendments:

F24

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 15, S.I. No. 302 of 2012.

Modifications (not altering text):

C20

Application of para. 6(1) restricted by Industrial Relations Act 1946 (256/1946), s. 42B(9) as inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, S.I. No. 302 of 2012.

[Proposals by joint labour committee for employment regulation orders.

42B.— ...

(9) Where, at a meeting held under subsection (8), the joint labour committee fails to formulate or adopt proposals for an employment regulation order, the issues in dispute shall be determined by a majority of the votes of the members present and voting on the issue and, notwithstanding subparagraph (1) of paragraph 6 of the Fifth Schedule to the Industrial Relations Act 1990, if there is an equal division of votes the chairman shall cast his or her vote having regard to the recommendation of the Court.

...