5. In this Part—

“Court” means the Labour Court;

“trade union” has the same meaning as it has in the Act of 1946;

“worker” has the same meaning as it has in Part III of the Act of 1990.

6. In this Chapter—

“employment agreement” means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union or trade unions of workers and one or more than one employer or a trade union of employers, that is binding only on the parties to the agreement in respect of the workers of that class, type or group;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“parties to the agreement” means—

(a) in the case of the workers, the trade union or trade unions specified in the agreement, and

(b) in the case of the employers, the employer, employers or trade union of employers specified in the agreement;

“Register of Employment Agreements” has the meaning assigned to it by section 7 ;

“registered employment agreement” means an employment agreement for the time being registered in the Register of Employment Agreements;

“trade dispute” has the same meaning as it has in the Act of 1946.

7. (1) The Court shall establish and maintain a register of employment agreements, in this Chapter referred to as the Register of Employment Agreements.

(2) The Register of Employment Agreements shall include—

(a) notice of the registration of an employment agreement in accordance with section 8, together with such particulars of the agreement as the Court considers necessary,

(b) notice of the variation of a registered employment agreement in accordance with section 9, together with such particulars of the variation as the Court considers necessary,

(c) notice of the cancellation of the registration of an employment agreement in accordance with section 10, and

(d) details of any other matters the Court considers appropriate.

(3) The Court shall publish the Register of Employment Agreements on the internet.

(4) References to the Register of Employment Agreements in any enactment in force immediately before the commencement of this section shall, on and after such commencement, be construed as references to the Register of Employment Agreements maintained under this section.

8. (1) Any party to an employment agreement may apply to the Court to register the agreement in the Register of Employment Agreements.

(2) An application to register an employment agreement shall be accompanied by—

(a) a copy of the agreement, and

(b) confirmation, in such form and accompanied by such documentation as the Court may specify, that the trade union of workers is, or trade unions of workers are, substantially representative of the workers in the class, type or group to which the agreement is expressed to apply.

(3) Where an application is made to the Court to register an employment agreement in the Register of Employment Agreements, the Court shall, subject to this section, register the agreement if it is satisfied that—

(a) there is agreement amongst all of the parties to the agreement that it should be registered,

(b) the agreement is expressed to apply to all workers of a particular class, type or group and their employers and that it is normal and desirable practice or that it is expedient to have a separate agreement for that class, type or group,

(c) the trade union of workers is, or trade unions of workers are, substantially representative of the workers to whom the agreement relates, and in satisfying itself in that regard the Court shall take into consideration the number of workers to whom the agreement relates represented by the trade union or trade unions specified in the agreement that are employed by the employer or employers specified in the agreement,

(d) the agreement provides that if a trade dispute occurs between workers to whom the agreement relates and their employers, industrial action or a lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement,

(e) the agreement specifies the circumstances in which a party or parties to the agreement may terminate the agreement,

(f) registration of the agreement is likely to promote—

(i) harmonious relations between the workers concerned and their employer, and

(ii) the avoidance of industrial unrest,

and

(g) the agreement is in a form suitable for registration.

(4) Where an application is made to the Court to register an employment agreement, the Court shall direct such parties to the agreement as the Court shall specify to publish specified particulars of the agreement in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned.

(5) (a) The Court shall not register an employment agreement until at least 14 days after publication of particulars of the agreement in accordance with subsection (4).

(b) If, within 14 days of publication of particulars of the agreement in accordance with subsection (4), the Court receives notice of an objection to the agreement being registered, the Court shall, unless it considers the objection frivolous, consider the objection and shall hear all parties appearing to the Court to be interested and desiring to be heard, and if, after such consideration, the Court is not satisfied that the agreement complies with the requirements specified in subsection (3), the Court shall refuse to register the agreement.

(6) A registered employment agreement shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by or under this or any other Act.

(7) References to a registered employment agreement in any enactment in force immediately before the commencement of this section shall, on and after such commencement, be construed as references to a registered employment agreement within the meaning of this Chapter.

(8) In this section—

“industrial action” has the same meaning as it has in Part II of the Act of 1990;

“lock-out” has the same meaning as it has in Part II of the Redundancy Payments Act 1967.

9. (1) Subject to this section, a party to a registered employment agreement may apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.

(2) Where all of the parties to the registered employment agreement agree to vary the agreement in the terms of the proposed application, the Court shall within 6 weeks of receipt of an application under subsection (1) consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard.

(3) Not later than 4 weeks after considering an application under subsection (2) and where it is satisfied that it is appropriate to do so, having regard to the matters specified in subsection (3) of section 8, the Court shall, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(4) Where a party to a registered employment agreement wishes to apply to the Court to vary the agreement, and one or more parties to the agreement does not agree with the proposed variation, a party to the agreement may invoke the dispute resolution procedures contained in the agreement.

(5) Where the dispute resolution procedures have been invoked under subsection (4) and the parties to the registered employment agreement have failed to reach agreement, a party to the registered employment agreement may refer the dispute to the Workplace Relations Commission for conciliation.

(6) Following a referral of a dispute to the Workplace Relations Commission under subsection (5), where the parties have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Act of 1990, the Commission shall request the Court to investigate the dispute.

(7) On receipt of a report under subsection (6), the Court shall consider the request and shall hear all persons appearing to the Court to be interested and desiring to be heard, and the Court shall, within 6 weeks of receipt of the report, issue a recommendation to the parties to the registered employment agreement setting out its opinion on the merits of the dispute and the terms on which it should be settled.

(8) Where, 6 weeks after the date on which a recommendation under subsection (7) has issued, the dispute has not been resolved, a party to the agreement may apply to the Court to vary the agreement in the terms of the Court’s recommendation.

(9) The Court shall consider an application under subsection (8) and shall hear all persons appearing to the Court to be interested and desiring to be heard, and after such consideration, where it is satisfied that it is appropriate to do so having regard to the matters specified in subsection (3) of section 8, the Court shall, within 6 weeks of receipt of the application, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(10) Where a registered employment agreement provides that a party may withdraw from the agreement where the Court has made an order under subsection (9), the Court shall where it has—

(a) made an order under that subsection, and

(b) received notice from a party to the agreement of that party’s proposal to withdraw from the agreement,

cancel or amend the agreement as appropriate.

10. (1) The registration of an employment agreement may be cancelled by the Court on the joint application of all parties to the agreement if the Court is satisfied that the consent of all such parties to its cancellation has been given voluntarily.

(2) Where a registered employment agreement does not provide for its duration, the Court may, after the lapse of 12 months from the date of registration, cancel the registration on the application, made after 6 months’ notice to the Court, of all parties to the agreement.

(3)(a) Where a registered employment agreement is expressed to be for a specified period, it shall, if in force at the end of that period, and notwithstanding any provision that it shall cease to have effect at the expiration of such period, continue in force until its registration is cancelled in accordance with this section.

(b) The registration of an employment agreement continued in force under paragraph (a) may be cancelled by the Court on the application of any party to the agreement, made after 3 months’ notice to the Court, and consented to by all parties to the agreement.

(4) Where a registered employment agreement is terminated by any party to the agreement in accordance with any provision contained in the agreement, the Court shall, on receiving notice of the termination, cancel the registration.

(5) The Court may cancel the registration of an employment agreement if it is satisfied, having regard to subsection (3)(c) of section 8, that a trade union who was a party to the agreement is no longer substantially representative of the workers concerned.

11. (1) A registered employment agreement shall, so long as it continues to be registered, apply, for the purposes of this section, to every worker of the class, type or group to which it is expressed to apply, and the employer or employers to which it is expressed to apply.

(2) If a contract between a worker of a class, type or group to which a registered employment agreement applies and his or her employer provides for the payment of remuneration at a rate (in this subsection referred to as the “contract rate”) less than the rate (in this subsection referred to as the “agreement rate”) provided by such agreement and applicable to such worker, the contract shall, in respect of any period during which the agreement is registered, have effect as if the agreement rate were substituted for the contract rate.

(3) If a contract between a worker of a class, type or group to which a registered employment agreement applies and his or her employer provides for conditions of employment (in this subsection referred to as the “contract conditions”) less favourable than the conditions (in this subsection referred to as the “agreement conditions”) fixed by the agreement and applicable to such worker, the contract shall, in respect of any period during which the agreement is registered, have effect as if the agreement conditions were substituted for the contract conditions.

12. (1) The Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person.

(2) A court of competent jurisdiction, in determining any question arising in proceedings before it as to the interpretation of a registered employment agreement or its application to a particular person, shall have regard to any decision of the Court on the said agreement referred to it in the course of the proceedings.

(3) If any question arises in proceedings before a court of competent jurisdiction as to the interpretation of a registered employment agreement or its application to a particular person, the court may, if it thinks proper, refer the question to the Court for its decision.

13. In this Chapter—

“Act of 2000” means the National Minimum Wage Act 2000;

“economic sector” means a sector of the economy concerned with a specific economic activity requiring specific qualifications, skills or knowledge;

“overtime” means any hours worked in excess of normal working hours;

“remuneration” means basic pay and may include pay in excess of basic pay in respect of—

(a) shift work,

(b) piece work,

(c) overtime,

(d) unsocial hours worked,

(e) hours worked on a Sunday, or

(f) travelling time (when working away from base),

but shall not include remuneration paid by an employer to his or her spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister;

“sectoral employment order” has the meaning assigned to it by section 17.

14. (1) Subject to subsection (3) —

(a) a trade union of workers,

(b) a trade union or an organisation of employers, or

(c) a trade union of workers jointly with a trade union or an organisation of employers,

may request the Court to examine the terms and conditions relating to the remuneration and any sick pay scheme or pension scheme, of the workers of a particular class, type or group in the economic sector in respect of which the request is expressed to apply.

(2) A request under this section shall include confirmation, in such form and accompanied by such documentation as the Court may specify that—

(a) where the request is made by a trade union of workers or jointly with the trade union of workers, the trade union of workers is substantially representative of the workers of the particular class, type or group in the economic sector in respect of which the request is expressed to apply, and

(b) where the request is made by a trade union or an organisation of employers or jointly with a trade union or an organisation of employers, the trade union or organisation concerned is substantially representative of the employers of the workers specified in paragraph (a).

(3) Where the Minister has made a sectoral employment order in relation to a class, type or group of workers in a particular economic sector, the Court shall not consider a request under subsection (1) in relation to the same class, type or group of workers in that sector, until at least 12 months after the date of the order, unless the Court is satisfied that exceptional and compelling circumstances exist which justify consideration of an earlier request.

(4) A request under subsection (1) shall be in a form prescribed by the Court.

15. (1) Where the Court receives a request under section 14 it shall not undertake an examination in accordance with this section unless it is satisfied that—

(a) following consideration of any documentation submitted under subsection (2) of section 14—

(i) the trade union of workers is substantially representative of the workers of the particular class, type or group in the economic sector in respect of which the request is expressed to apply, and in satisfying itself in that regard, the Court shall take into consideration the number of workers in that class, type or group represented by the trade union of workers, and

(ii) where the request is made by a trade union or organisation of employers or jointly with a trade union or organisation of employers, the trade union or organisation concerned is substantially representative of the employers in the particular class, type or group in the economic sector in respect of which the request is expressed to apply, and in satisfying itself in that regard, the Court shall take into consideration the number of workers employed in the particular class, type or group in the economic sector concerned by employers represented by the trade union or organisation of employers concerned,

(b) the request is expressed to apply to all workers of the particular class, type or group and their employers in the economic sector in respect of which the request is expressed to apply,

(c) it is a normal and desirable practice, or that it is expedient, to have separate terms and conditions relating to remuneration, sick pay schemes or pension schemes in respect of workers of the particular class, type or group in the economic sector in respect of which the request is expressed to apply, and

(d) any recommendation is likely to promote harmonious relations between workers of the particular class, type or group and their employers in the economic sector in respect of which the request is expressed to apply.

(2) Prior to undertaking an examination under this section, the Court shall publish in such manner as, in the opinion of the Court, is best calculated to bring the request to the notice of all interested persons concerned, notice of its intention to undertake an examination under this section.

(3) A notice under subsection (2) shall invite representations to be made to the Court from any interested parties not later than 28 days after the date of the notice.

(4) Not earlier than 28 days after the date of a notice under subsection (2), the Court may hear all parties appearing to the Court to be interested and desiring to be heard.

16. (1) Subject to this section, the Court shall, where it considers it appropriate to do so, having heard all parties appearing to the Court to be interested and desiring to be heard, and having regard to the submissions concerned and the matters specified in subsection (2), make a recommendation to the Minister.

(2) When making a recommendation under this section, the Court shall have regard to the following matters:

(a) the potential impact on levels of employment and unemployment in the identified economic sector concerned;

(b) the terms of any relevant national agreement relating to pay and conditions for the time being in existence;

(c) the potential impact on competitiveness in the economic sector concerned;

(d) the general level of remuneration in other economic sectors in which workers of the same class, type or group are employed;

(e) that the sectoral employment order shall be binding on all workers and employers in the economic sector concerned.

(3) A recommendation under this section shall—

(a) specify the class, type or group of workers and the economic sector in relation to which the recommendation shall apply,

(b) be accompanied by a report on the circumstances surrounding the making of the recommendation, including confirmation that the Court has had regard to the matters set out in subsection (2), and

(c) be made not later than 6 weeks after a hearing under section 15.

(4) The Court shall not make a recommendation under this section unless it is satisfied that to do so—

(a) would promote harmonious relations between workers and employers and assist in the avoidance of industrial unrest in the economic sector concerned, and

(b) is reasonably necessary to—

(i) promote and preserve high standards of training and qualification, and

(ii) ensure fair and sustainable rates of remuneration,

in the economic sector concerned.

(5) A recommendation under this section may provide for all or any of the following in respect of the workers of the class, type or group in the economic sector concerned:

(a) a minimum hourly rate of basic pay that is greater than the minimum hourly rate of pay declared by order for the time being in force under the Act of 2000;

(b) not more than 2 higher hourly rates of basic pay based on—

(i) length of service in the economic sector concerned, or

(ii) the attainment of recognised standards or skills;

(c) minimum hourly rates of basic pay for persons who—

(i) have not attained the age of 18 years,

(ii) enter employment for the first time after attaining the age of 18 years,

(iii) having entered into employment before attaining the age of 18 years, continue in employment on attaining that age, or

(iv) have attained the age of 18 years and, during normal working hours, undergo a course of study or training prescribed by regulations made by the Minister under section 16 of the Act of 2000, reduced to the percentage set out in section 14, 15 or 16 of that Act for the category of worker concerned;

(d) minimum hourly rates of basic pay for apprentices;

(e) any pay in excess of basic pay in respect of shift work, piece work, overtime, unsocial hours worked, hours worked on a Sunday, or travelling time (when working away from base);

(f) the requirements of a pension scheme, including a minimum daily rate of contribution to the scheme by a worker and an employer; and

(g) the requirements of a sick pay scheme.

(6) A recommendation under this section shall include procedures that shall apply in relation to the resolution of a dispute concerning the terms of a sectoral employment order.

(7) Subject to sections 14 and 15, a recommendation under this section may provide for the amendment or cancellation of a recommendation previously made under this section and confirmed by the Minister by a sectoral employment order.

(8) In this section “apprentice” has the same meaning as it has in the Industrial Training Act 1967.

17. (1) Subject to subsection (4), the Minister shall, not later than 6 weeks after receiving a recommendation of the Court under section 16, where he or she is satisfied, having regard to the report referred to in section 16(3)(b), that the Court has complied with the provisions of this Chapter, accept the recommendation and by order confirm the terms of the recommendation, from such date, (on or after the date of the order) as the Minister shall specify in the order.

(2) An order under this section shall, in this Chapter, be referred to as a sectoral employment order.

(3) Where the Minister is not satisfied that the Court has complied with the provisions of this Chapter, he or she shall—

(a) refuse to make a sectoral employment order confirming the terms of the recommendation, and

(b) notify the Court in writing of his or her decision and the reasons for the decision.

(4) Where it is proposed to make an order under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

18. (1) Subject to subsection (2), the Minister may request the Court to review the terms of a sectoral employment order.

(2) The Minister shall not make a request under subsection (1) —

(a) until at least 3 years after the date of a sectoral employment order in relation to which the request relates, or

(b) where a sectoral employment order has been amended, at least 3 years after the date on which the order was amended.

(3) Where the Minister makes a request under subsection (1), the Court shall examine the terms and conditions of the class, type or group of workers in the economic sector concerned as if the request were a request under section 14 and sections 13 to 17 shall apply with the necessary modifications in relation to a request under subsection (1).

19. (1) A sectoral employment order shall apply, for the purposes of this section, to every worker of the class, type or group in the economic sector to which it is expressed to apply, and his or her employer, notwithstanding that such worker or employer was not a party to a request under section 14, or would not, apart from this subsection, be bound by the order.

(2) If a contract between a worker of a class, type or group to which a sectoral employment order applies and his or her employer provides for the payment of remuneration at a rate (in this subsection referred to as the “contract rate”) less than the rate (in this subsection referred to as the “order rate”) provided by such order and applicable to such worker, the contract shall, in respect of any period during which the order applies, have effect as if the order rate were substituted for the contract rate.

(3) If a contract between a worker of a class, type or group to which a sectoral employment order applies and his or her employer provides for conditions in relation to a pension scheme or a sick pay scheme (in this subsection referred to as the “contract conditions”) less favourable than the conditions (in this subsection referred to as the “order conditions”) fixed by the order and applicable to such worker, the contract shall, in respect of any period during which the order applies, have effect as if the order conditions were substituted for the contract conditions.

20. (1) An employer shall not penalise or threaten penalisation of a worker for—

(a) invoking any right conferred on him or her by this Chapter,

(b) making a complaint to the Workplace Relations Commission that a provision of this Chapter has been contravened, or

(c) giving notice of his or her intention to do either of the matters referred to in paragraph (a) or (b).

(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(3) In proceedings under Part 4 of the Act of 2015 in relation to a complaint that subsection (1) has been contravened, it shall be presumed, until the contrary is proved, that the worker concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.

(4) If a penalisation of a worker, in contravention of subsection (1), constitutes a dismissal of the worker within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the worker in respect of that penalisation both under section 23 and under those Acts.

(5) In this section “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects a worker to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—

(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and

(e) coercion or intimidation.

21. (1) The Court may, in accordance with this section, exempt an employer from the obligation to pay the remuneration otherwise payable by the employer to a worker or workers in accordance with a sectoral employment order.

(2) An exemption under subsection (1) shall remain in force for such period, being not less than 3 months and not more than 24 months from the date on which the exemption is granted, as is specified in the exemption.

(3) (a) Subject to paragraph (b) the Court shall not grant an exemption to an employer under subsection (1) if the employer has been granted an exemption in respect of the same worker or workers under that subsection within the previous 5 years.

(b) Where an exemption under subsection (1) has been granted for a period of less than 24 months, an employer or employer’s representative with the employer’s consent may, prior to the date on which the exemption is due to expire, apply to the Court to extend the period of the exemption for an additional period.

(c) Where an application is made under paragraph (b) the Court shall not extend the period of the exemption for more than 24 months from the date on which the exemption was granted.

(d) Where the period of the exemption has been extended by the Court under paragraph (b), the Court shall not further extend the period.

(4) An employer or employer’s representative with the employer’s consent may, in the manner and form approved by the Court, apply to the Court for an exemption under subsection (1).

(5) An application under subsection (4) shall be accompanied by—

(a) a current tax clearance certificate under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997 in respect of the employer concerned, and

(b) such information, particulars and documentation as the Court may reasonably require for the purpose of determining whether an exemption under subsection (1) should be granted, in particular such information in relation to the employer, his or her business and the potential impact of an exemption, as the Court may direct.

(6) On receiving an application under subsection (4), the Court shall convene a hearing of parties to the application and the workers or their representatives and shall give its decision on the application in writing to the parties.

(7) Subject to subsection (8), the Court shall not grant an exemption under subsection (1) unless it is satisfied that—

(a) where the employer makes an application he or she has entered into an agreement with—

(i) the majority of the workers,

(ii) the representative of the majority of the workers, or

(iii) a trade union representing the majority of the workers,

in respect of whom the exemption is sought, whereby the workers, the representative of the workers or the trade union, consents to the employer making the application, and to abide by any decision on the application that the Court may make, and

(b) the employer’s business is experiencing severe financial difficulties.

(8) Notwithstanding subsection (7), where the Court is not satisfied that the majority of the workers or their representative consents to an application under paragraph (a) of that subsection, the Court may grant an exemption under subsection (1), provided the Court is satisfied that—

(a) the employer has informed the workers concerned of the financial difficulties of the business and has attempted to come to an agreement with the workers, their representative or trade union in relation to a reduction of the remuneration provided by the sectoral employment order,

(b) the employer is unable to maintain the terms of the sectoral employment order, and

(c) were the employer compelled to comply with the terms of the sectoral employment order concerned there would be a substantial risk that—

(i) a significant number of the workers concerned would be laid off or made redundant, or

(ii) the sustainability of the employer’s business would be significantly adversely affected.

(9) In considering whether to grant an exemption under subsection (1), the Court shall have regard to the following:

(a) whether, if an exemption was granted, it would have an adverse effect on employment levels and distort competition in the economic sector concerned to the detriment of employers not party to the application, who are also subject to the sectoral employment order concerned;

(b) the long term sustainability of the employer’s business, were such an exemption to be granted; and

(c) any other matters the Court considers relevant.

(10) An exemption under subsection (1) shall specify:

(a) the names and employment positions occupied by the workers to whom the exemption applies;

(b) the duration of the exemption; and

(c) the remuneration to be paid to the worker or workers during the period of the exemption and the worker or workers shall be entitled to be paid not less than that remuneration for the duration of the exemption.

(11) Notwithstanding anything in this section, an exemption under subsection (1) shall not specify an hourly rate of pay which is less than that declared by order for the time being in force under the Act of 2000.

(12) Where during the period of an exemption under this section a new worker replaces a worker to whom the exemption relates, the employer may pay the new worker the remuneration specified by the Court in respect of the former worker and shall, as soon as practicable, notify the Court in writing of the employment of the new worker.

(13) Where a contract between an employer and a worker specified in an exemption under subsection (1), provides for the payment of remuneration at a rate higher than that provided by such exemption, the contract shall, in respect of any period during which the exemption is in force, have effect as if the remuneration provided for by such exemption and applicable to such worker were substituted for the remuneration provided for by the contract.

(14) The Court shall establish its own procedures for the hearing of applications, and in relation to incidental matters to be dealt with, under this section.

(15) The Court shall establish and maintain a register of all exemptions under this section and shall publish the register on the internet.

(16) No appeal shall lie from a decision of the Court under this section except to the High Court on a point of law.

22. (1) An employer, to whom a registered employment agreement or sectoral employment order applies, shall keep, at the premises or place where his or her worker works or, if the worker works at 2 or more premises or places, the premises or place from which the activities that the worker is employed to carry on are principally directed or controlled, such records as are necessary to show whether this Part is being complied with in relation to the worker and those records shall be retained by the employer for at least 3 years from the date of their making.

(2) An employer who, without reasonable cause, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class C fine.

(3) Without prejudice to subsection (2), where an employer fails to keep records under subsection (1) in respect of his or her compliance with a particular provision of this Part in relation to a worker, the onus of proving, in proceedings before the Workplace Relations Commission or the Labour Court, that the provision was complied with lies on the employer.

23. (1) This section applies to a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of—

(a) subsection (1) of section 20,

(b) a registered employment agreement (within the meaning of Chapter 2), or

(c) a sectoral employment order (within the meaning of Chapter 3).

(2) A decision of an adjudication officer to which this section applies shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the provision in respect of which the complaint concerned relates and, for that purpose, require the employer to take a specified course of action, or

(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding 104 weeks’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977,

and the references in the foregoing paragraphs to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurs, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(3) A decision of the Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision of the adjudication officer.

24. The Act of 2015 is amended—

(a) in section 3 by the insertion of the following subsection after subsection (5):

“(5A) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to Part 2 of the Industrial Relations (Amendment) Act 2015, references in this Act to employee shall be construed as references to worker within the meaning of that Part.”,

(b) in section 41—

(i) by the insertion of the following subsection after subsection (3):

“(3A) An employer or a trade union representative of an employer affected by an agreement specified in paragraph 29 of Part 1 of Schedule 5 may present a complaint to the Director General that an employer affected by the agreement has contravened the agreement and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.”,

and

(ii) by the insertion of the following subsection after subsection (18):

“(19) In this section, references to specified person for the purposes of a complaint in relation to a provision specified in—

(a) paragraph 29 or 30 of Part 1 of Schedule 5, or

(b) paragraph 11 of Part 2 of Schedule 5,

shall be construed as references to a trade union representative of the person entitled to present the complaint.”,

(c) in Part 2 of Schedule 1, by the insertion of the following paragraph after paragraph 18:

“19. Part 2 of the Industrial Relations (Amendment) Act 2015”,

(d) in Schedule 5—

(i) in Part 1, by the insertion of the following paragraphs after paragraph 28:

“29. A registered employment agreement within the meaning of Chapter 2 of Part 2 of the Industrial Relations (Amendment) Act 2015

30. Section 20(1) of the Industrial Relations (Amendment) Act 2015”,

and

(ii) in Part 2, by the insertion of the following paragraph after paragraph 10:

“11. A sectoral employment order within the meaning of Chapter 3 of Part 2 of the Industrial Relations (Amendment) Act 2015”,

and

(e) in Schedule 6—

(i) in Part 1 (Acts of Oireachtas), by the insertion of the following paragraph after paragraph 34:

“35. Section 23(2) of the Industrial Relations (Amendment) Act 2015”,

and

(ii) in Part 2 (Acts of Oireachtas), by the insertion of the following paragraph after paragraph 34:

“35. Section 23(3) of the Industrial Relations (Amendment) Act 2015”.