Air Companies (Amendment) Act, 1993

Amendment of Worker Participation (State Enterprises) Acts, 1977 to 1991, etc.

13.—(1) Section 1 (as amended by the Act of 1988) of the Act of 1977 is hereby amended—

(a) by the substitution of the following for the definition of “Aer Lingus”:

“‘Aer Lingus’ means Aer Lingus Group public limited company;”,

(b) by the deletion of the definition of “Aerlínte”, and

(c) in the definition of “employee”, by the deletion of “and for the purposes of sections 9 (4) (w) and 10 of this Act, a person employed in such a capacity by Aerlínte under a contract shall be regarded as being an employee of Aer Lingus”.

(2) Section 13 (as amended by the Act of 1988) of the Act of 1977 is hereby amended by the substitution of the following paragraph for paragraph (a) of subsection (1):

“(a) a trade union or other body of persons which the returning officer is satisfied is both recognised for such purposes by that designated body and represents not less than fifteen per cent. of the employees of that body who are entitled to vote at the election, or”.

(3) Section 20 of the Act of 1977 is hereby amended—

(a) in subsections (1) to (3), by the deletion of “Aerlínte or” in each place where it occurs, and

(b) in subsection (1), by the deletion of “company or” in each place where it occurs.

(4) Upon the appointment of the directors of the Holding Company in accordance with section 12 (as amended by this Act) of the Principal Act, section 28 of the Act of 1977 shall cease to have effect.

(5) (a) The First Schedule (inserted by the Act of 1988) to the Act of 1977 is hereby amended—

(i) in Part II, by the substitution of “Aer Lingus Group public limited company” for “Aer Lingus public limited company”, and

(ii) in Part III, by the insertion before “An Chomhairle Oiliúna Talmhaíochta” of the following:

“Aer Lingus public limited company

Aerlínte Éireann public limited company”.

(b) In respect of either of the existing companies, any subsisting arrangements to which section 3 or 4 of the Act of 1988 relates and any subsisting agreements to which section 6 of the Act of 1988 relates shall not be affected by this section.

(6) The Second Schedule (inserted by the Act of 1988) to the Act of 1977 is hereby amended in Part I by the substitution of “Aer Lingus Group public limited company” for “Aer Lingus public limited company”.

(7) (a) Every employee of the existing companies and TEAM Aer Lingus Limited shall, for the purposes of the Worker Participation (State Enterprises) Acts, 1977 to 1993, be regarded as an employee of the Holding Company.

(b) Paragraph (a) shall be deemed to be an order duly made under section 9 of the Act of 1988.

(c) The Worker Participation (State Enterprises) Act, 1988 (TEAM Aer Lingus Limited) Order, 1991 ( S.I. No. 113 of 1991 ), is hereby revoked.

(8) Section 1 of the Act of 1988 is hereby amended by the deletion of subsection (2).

(9) Section 3 of the Act of 1988 is hereby amended—

(a) by the deletion of paragraph (a) (i) (I), and

(b) in paragraph (a) (i) (II), by the deletion of “in the case of any other specified body”.

(10) Section 9 of the Act of 1988 is hereby amended in subsection (4) (b) (i) by the substitution of “Aer Lingus Group public limited company” for “Aer Lingus”.

(11) In this section “the Act of 1988” means the Worker Participation (State Enterprises) Act, 1988 .