Employment Equality Act 1998
Mediation, decisions and appeals relating to collective agreements.
87.—(1) Where a collective agreement is referred to the F162[Director General of the Workplace Relations Commission] under section 86, it shall be the purpose of—
(a) mediation by an F162[mediation officer] under subsection (3) of that section, or
(b) a decision of the F162[Director General of the Workplace Relations Commission] under subsection (4) of that section,
to identify which (if any) provisions of the agreement are null and void by virtue of section 9 and, if the F162[mediation officer] or, as the case may be, the F162[Director General of the Workplace Relations Commission] thinks it appropriate, to provide guidance to the parties to the agreement as to how alternative or amended provisions might be devised which it would be lawful to include in the agreement.
(2) Not later than 42 days from the date of such a decision as is referred to in subsection (1)(b), the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.
(3) The Labour Court shall hear an appeal under subsection (2) in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public, and the enactments specified in section 83 (3) shall apply to such an appeal as they apply to an appeal under section 83.
(4) In its determination of an appeal under subsection (2) the Labour Court shall seek to achieve the purpose specified in subsection (1).
(5) In this section “collective agreement”, “the complainant” and “the respondent” have the same meaning as in section 86.
Annotations
Amendments:
F162
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), (iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C36
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section "the Act of 1998" means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.