Industrial Relations Act 1946

Number 26 of 1946

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 23 January 2024

This Revised Act is an administrative consolidation of the Industrial Relations Act 1946. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Policing, Security and Community Safety Act 2024 (1/2024), enacted 7 February 2024, and all statutory instruments up to and including the Joint Labour Committees (Statutory Review) Order 2024 (S.I. No. 29 of 2024), made 23 January 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume noÁresponsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 26 of 1946.

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 23 January 2024

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section
1.	Short title.
2.	Commencement.
3.	Definitions generally.
4.	“worker”. (Repealed)
5.	Regulations.
6.	Laying of regulations before Houses of the Oireachtas.
7.	Prosecutions by the Minister.
8.	Repeals.
9.	Expenses.

PART II.

The Labour Court.

10.	Establishment of the Labour Court.
11.	Divisions of the Court. (Repealed)
12.	Deputy chairman. (Repealed)
13.	Registrar and officers and servants of the Court.
14.	Technical assessors.
15.	Places for sittings of the Court and lodgment of documents.
16.	Conciliation officers. (Repealed)
17.	Finality of decisions of the Court.
18.	Seal of the Court.
19.	Proof of orders of the Court.
20.	Procedure of the Court.
21.	Power of Court to summon witnesses, etc.
22.	Prohibition on disclosure of information.
23.	Reports, etc., by Court.
24.	Duty of Court to consider certain matters with regard to employment conditions referred to it by the Minister.

PART III.

Agreements Relating to Wages and Conditions of Employment.

25.	Definitions for purposes of Part III.
26.	Register of Employment Agreements.
27.	Registration of employment agreements.
28.	Variation of registered employment agreement.
29.	Cancellation of registration.
30.	Adaptation of contracts of service consequential upon registration of employment agreement.
31.	Publication of particulars in relation to employment agreements and right to obtain copies thereof.
32.	Breaches of registered employment agreements.
33.	Interpretation of registered employment agreements.
33A.	Exemption from obligation to pay rate of remuneration provided by registered employment agreement.

PART IV.

Regulation by the Court of Remuneration and Conditions of Employment of Certain Workers.

Definitions.

34.	Definitions for purposes of Part IV.

Joint Labour Committees.

35.	Power of the Court to establish joint labour committees.
36.	Applications for establishment orders.
37.	Restrictions on making establishment orders.
38.	Inquiry into application for an establishment order.
39.	Making of establishment orders.
40.	Revocation and variation of establishment orders.
41.	Constitution, officers and proceedings of joint labour committees. (Repealed)
41A.	Review of joint labour committees.

Employment Regulation Orders.

42.	Proposals by joint labour committees in relation to remuneration and conditions of employment.
42A.	Proposals by joint labour committees in relation to remuneration and conditions of employment.
42B.	Proposals by joint labour committee for employment regulation orders.
42C.	Making of employment regulation orders.
43.	Making of employment regulation orders.
44.	Adaptation of contracts of service consequential upon employment regulation orders.
45.	Enforcement of employment regulation orders.
45A.	[Decision of adjudication officer under section 41 of Workplace Relations Act 2015]
45B.	[Decision of Labour Court on appeal from decision referred to in section 45A]
45C.	Enforcement of determinations of Labour Court. (Repealed)
45D.	Provisions relating to winding up and bankruptcy. (Repealed)
45E.	References to rights commissioner by Minister. (Repealed)
46.	Permits authorising employment of infirm and incapacitated persons at less than the statutory minimum remuneration.
47.	Computation of remuneration.
48.	Employers not to receive premiums from apprentices or learners.
48A.	Exemption from obligation to pay statutory minimum remuneration.
49.	Records and notices.
50.	Criminal liability of agent and superior employer and special defence open to employer.
51.	Inspectors.
52.	Powers of inspectors.

Provisions in relation to trade boards.

53.	Existing trade boards to become joint labour committees.
54.	Existing orders under the Trade Boards Acts, 1909 and 1918.
55.	Pending notices of proposals varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918.
56.	Adaptation of references to trade boards.

Determination of certain questions.

57.	Determination of certain questions.

Standard wages for areas.

58.	Standard wages for areas. (Repealed)

PART V.

Registered Joint Industrial Councils.

59.	Definitions for purposes of Part V.
60.	Register of Joint Industrial Councils.
61.	Registration of joint industrial councils.
62.	Cancellation of registration.
63.	Inspection of rules of registered joint industrial council.
64.	Appointment of chairman and secretary of a joint industrial council.
65.	Registered joint industrial council to be a body in respect of which section 3 of the Trade Union Act, 1942, is applicable.

PART VI.

Trade Disputes.

66.	“Worker” for the purposes of Part VI. (Repealed)
67.	Power of Court to investigate trade dispute. (Repealed)
68.	Recommendation by Court on trade dispute.
69.	Mediation in trade dispute by conciliation officer. (Repealed)
70.	Reference of trade dispute to arbitration.
71.	Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto. (Repealed)
72.	Effect of awards under section 71. (Repealed)

PART VII.

Transitory Provisions in Relation to Wages (Standard Rate) Orders and Bonus Orders under Emergency Powers (No. 166) Order, 1942, and Emergency Powers (No. 260) Order, 1943.

73.	Definitions for purposes of Part VII.
74.	Duration of Part VII.
75.	Restriction on operation of Part VII.
76.	Recording of wages (standard rate) orders and bonus orders.
77.	Court wages order.
78.	Effect of recording of orders.
79.	Applications for variation of recorded wages (standard rate) orders and bonus orders.
80.	Cancellation of recording of wages (standard rate) order and bonus order.
81.	Publication of particulars.
82.	Determination or certain questions.

FIRST SCHEDULE.

SECOND SCHEDULE. (Repealed)

Acts Referred to
Trade Union Act, 1941	No. 22 of 1941
Electricity Supply Board (Superannuation) Act, 1942	No. 17 of 1942
Agricultural Wages Act, 1936	No. 53 of 1936
Documentary Evidence Act, 1925	No. 24 of 1925
Trade Union Act, 1942	No. 23 of 1942

Number 26 of 1946.

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 23 January 2024

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND THEIR EMPLOYERS AND FOR THIS PURPOSE TO ESTABLISH MACHINERY FOR REGULATING RATES OF REMUNERATION AND CONDITIONS OF EMPLOYMENT AND FOR THE PREVENTION AND SETTLEMENT OF TRADE DISPUTES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th August, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Application of collectively cited Industrial Relations Acts extended by Industrial Relations Act 1990 (19/1990), s. 23(1A), as inserted (1.02.2020) by Industrial Relations (Amendment) Act 2019 (21/2019), s. 3, S.I. No. 24 of 2020.

“worker”.

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means [a member of the Garda Síochána referred to in subsection (1A) and] any person aged 15 years or more who has entered into or works under [(or, where the employment has ceased, worked under)] a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

...

[(1A) For the purposes of subsection (1) and subject to subsections (1B), (1C) and (1D), the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member of the Garda Síochána.

...]

Application of collectively cited Industrial Relations Acts 1946 to 2012 restricted by Unfair Dismissals Act 1977 (10/1977), s. 8(10); as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1), commenced by S.I. No. 410 of 2015 as per subs. (4).

Determination of claims for unfair dismissal.

8.— ...

[(10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection (2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7.]

...

Application of collectively cited Industrial Relations Acts restricted (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 2(1), S.I. No. 232 of 2001, as amended (6.04.2004) by Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 2, S.I. No. 138 of 2004.

Investigation of dispute by Court.

2.—(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990, at the request of a trade union or excepted body, the Court may investigate a trade dispute where the Court is satisfied that—

[(a) it is not the practice of the employer to engage in collective bargaining negotiations in respect of the grade, group or category of workers who are party to the trade dispute and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute,

(b) either—

(i) the employer has failed to observe—

(I) a provision of the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 specifying the period of time for the doing of any thing (or such a provision of any code of practice amending or replacing that code), or

(II) any agreement by the parties extending that period of time,

(ii) the dispute having been referred to the Commission for resolution in accordance with the provisions of such code, no further efforts on the part of the Commission will, in the opinion of the Commission, advance the resolution of the dispute and the Court has received a report from the Commission to that effect,]

(c) the trade union or the excepted body or the employees, as the case may be, have not acted in a manner which, in the opinion of the Court, has frustrated the employer in observing a provision of such code of practice, and

(d) the trade union or the excepted body or the employees, as the case may be, have not had recourse to industrial action after the dispute in question was referred to the Commission in accordance with the provisions of such code of practice.

...

Application of collectively cited Industrial Relations Acts potentially restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 42, S.I. No. 96 of 2000.

Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.

42.— The provisions of this Act are in addition to and not in derogation of the Industrial Relations Acts, 1946 to 1990, or—

(a) Employment Regulation Orders, and the enforcement of such Orders, made under those Acts, or

(b) Registered Employment Agreements, and the enforcement of such Agreements, on the register under those Acts on the commencement of this section,

except that where a minimum hourly rate of pay in accordance with this Act is a greater amount than the minimum rate of pay prescribed under an Employment Regulation Order or such a Registered Employment Agreement, the employee’s entitlement to pay in accordance with this Act shall prevail.

Functions transferred and terms “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4, and sch. pt. 1, subject to transitional provisions in arts. 5-9. Note that the name of the Minister for and Department of Industry and Commerce was changed:

• to the Minister for and Department of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993);

• to the Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to the Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to the Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

(a) any Act mentioned in the Schedule to this Order, and

...

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

...

Schedule

Part I

Acts functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce.

...

Industrial Relations Acts, 1946 to 1990.

...

Functions transferred and term “Minister for Finance” construed (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973, arts. 3, 4(1)(n), subject to transitional provisions in arts. 6-8.

3. (1) The administration and business in connection with the exercise, performance or execution of—

(a) any functions transferred by Article 4 of this Order,

...

(c) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,

are hereby transferred to the Department of the Public Service.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Public Service.

4. (1) The functions vested in the Minister for Finance by or under the following enactments are hereby transferred to the Minister for the Public Service: ...

(n) Industrial Relations Acts, 1946 and 1969,

...

(6) References to the Minister for Finance contained in any enactment or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for the Public Service.

Application of Act potentially restricted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 20, commenced on enactment.

Investigation of dispute by Court at request of parties.

20.—(1) Where the workers concerned in a trade dispute or their trade union or trade unions request or requests the Court to investigate the dispute and undertake or undertakes before the investigation to accept the recommendation of the Court under section 68 of the Principal Act in relation thereto then, notwithstanding anything contained in the Principal Act or in this Act, the Court shall investigate the dispute and shall make a recommendation under the said section 68 in relation thereto.

(2) Where the parties concerned in a trade dispute request the Court to investigate a specified issue or issues involved in the dispute and undertake, before the investigation, to accept the recommendation of the Court under the said section 68 in relation to such issue or issues then, notwithstanding anything in the Principal Act or in this Act, the Court shall investigate such issue or issues and shall make a recommendation under the said section 68 in relation thereto and, for the purposes of this subsection, subsection (1) of the said section 68 shall have effect as if the references therein to a trade dispute included references to an issue or issues involved in a trade dispute.

(3) Notwithstanding anything contained in section 8 (1) of this Act, an investigation under this section shall be conducted in private and shall be given such priority over the other business of the Court as the Court considers reasonable.

Editorial Notes:

One year time limit for institution of summary proceedings for an offence under collectively cited Industrial Relations Acts 1946 to 1990 prescribed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 5, commenced on enactment.

Previous affecting provision: application of collectively cited Industrial Relations Acts 1946 and 1969 extended (15.12.1975) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 (27/1975), s. 3(1)(b)(ii), S.I. No. 305 of 1975; ceased (29.06.1976) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1975, (Expiration) Order 1976 (S.I. No. 137 of 1976).

Previous affecting provision: application of collectively cited Industrial Relations Acts 1946 and 1969 extended (13.07.1973) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1973 (12/1973), s. 3(1)(b)(ii), S.I. No. 195 of 1973; ceased (14.12.1973) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1973, (Expiration) Order 1973 (S.I. No. 335 of 1973).

Previous affecting provision: functions transferred and terms “Minister for Industry and Commerce” and “Department of Industry and Commerce” construed (13.07.1966) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1966 (S.I. No. 164 of 1966), arts. 3, 4(1) and sch. 1, commenced as per art. 1(2) and S.I. No. 162 of 1966; superseded (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993).

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Industrial Relations Act 1946