Industrial Relations (Amendment) Act 2015

8.

Registration of employment agreements

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.