3. (1) A public servant shall, unless he or she is by virtue of subsection (2) a non-covered public servant, be a “covered public servant” for the purposes of this Act.

(2) Where subsection (4) or (5) applies to a public servant and the trade union or staff association referred to in subsection (4) or (5) has not notified to the Workplace Relations Commission, in writing, its assent to be bound by the terms of the Public Service Stability Agreement, then that public servant shall be a “non-covered public servant” for the purposes of this Act.

(3) Subsection (2), so far as it provides for the case of a public servant who, as mentioned in subsection (5), is not a member of a recognised trade union or staff association, is subject to subsection (6).

(4) This subsection applies to a public servant who is a member of a recognised trade union or staff association.

(5) This subsection applies to a public servant who is not a member of a recognised trade union or staff association if other public servants, who fall into the grade or category of public servant into which he or she falls, are members of such a union or association.

(6) In the following circumstances, that is to say, a case of a public servant (the “first-mentioned public servant”) who is not a member of a recognised trade union or staff association and the following applies in relation to other public servants who fall into the grade or category of public servant into which the first-mentioned public servant falls—

(a) some are members of one recognised trade union or staff association and some are members of another recognised trade union or staff association (whether the number of such trade unions or staff associations is 2 or is more than 2), and

(b) one, or more than one, of those recognised trade unions or staff associations has notified to the Workplace Relations Commission, in writing, its assent to be bound by the terms of the Public Service Stability Agreement,

then the first-mentioned public servant shall not, by virtue of subsection (2), be a “non-covered public servant” for the purposes of this Act.