National Minimum Wage (Low Pay Commission) Act 2015

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Amendment of Workplace Relations Act 2015

20. (1) The Act of 2015 is amended—

(a) in subsection (2) of section 1, by the substitution of “sections 8(7), 57(3) and 66(3) ” for “subsection (7) of section 8”,

(b) in section 2, by the insertion of the following definitions:

“ ‘Act of 1984’ means the Protection of Employees (Employers’ Insolvency) Act 1984 ;

‘equality officer’ has the same meaning as it has in Part VII of the Act of 1998;

‘equality mediation officer’ has the same meaning as it has in Part VII of the Act of 1998;

‘rights commissioner’ means a person appointed under section 13 of the Act of 1969;”,

“(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 .”,

(d) in paragraph (b) of subsection (2) of section 28, by the substitution of “a provision to which this section applies” for “any employment enactment”,

(e) in paragraph (a) of subsection (15) of section 28, by the substitution of “a provision to which this section applies” for “a relevant enactment”,

(f) in section 40, by the deletion of subsection (10),

(g) by the substitution of the following subsection for subsection (17) of section 41:

“(17) The Minister may, by regulations, make provision in relation to any matter relating to—

(a) the presentation of a complaint, referral of a dispute or conduct of proceedings under this section, or

(b) the making of a claim for redress or conduct of proceedings under the Act of 1977,

that he or she considers appropriate.”,

(h) the substitution of the following section for section 53:

“53. (1) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was made by a rights commissioner before the commencement of this Part and no appeal was brought from the decision or recommendation before such commencement, the decision or recommendation shall be appealable to the Labour Court under section 44 as if the decision or recommendation were a decision of an adjudication officer under section 41.

(2) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was not made before the commencement of this Part, any decision or recommendation made by a rights commissioner in relation to the complaint or dispute after such commencement shall be appealable to the Labour Court under section 44 as if the decision were a decision of an adjudication officer under section 41.”,

(i) by the insertion of the following section in Part 4:

“Performance of functions of rights commissioners after commencement of this Part

53A. The functions standing vested in a rights commissioner immediately before the commencement of this Part shall, in relation to complaints or disputes referred to in subsection (2) or (4) of section 8 or subsection (3) of section 52, continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner.”,

(j) in section 74, by the deletion of paragraph (b),

(k) in section 76, by the deletion of paragraph (d) of subsection (1),

(l) in section 80, by—

(i) the deletion of subparagraphs (i), (ii), (iii), (iv), (ix), (x) and (xi) of paragraph (g) of subsection (1), and

(ii) the insertion of the following subsection:

“(1A) The functions standing vested in a rights commissioner immediately before the commencement of this section shall, in relation to a claim for redress referred to in subsection (2), continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner.”,

(m) in section 81, by—

(i) the deletion of subsections (4) and (5), and

(ii) the insertion of the following subsection:

“(4) The amendment of the Act of 1984 effected by this section shall not apply in relation to a complaint presented to the Employment Appeals Tribunal under section 9 of that Act before the commencement of this section.”,

(n) in section 83, by—

(i) the deletion of paragraphs (g) and (m) of subsection (1), and

(ii) the insertion of the following subsections:

“(3) The functions standing vested in an equality officer immediately before the commencement of this section shall, in relation to a case referred to in subsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality officer.

(4) The functions standing vested in an equality mediation officer immediately before the commencement of this section shall, in relation to a case referred to in subsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality mediation officer.”,

(o) in subsection (1) of section 84, by—

(i) the deletion of paragraph (g), and

(ii) the insertion of the following subsection:

(p) in subparagraph (3) of paragraph 3 of Schedule 3, by the substitution of the following clause for clause (g):

“(g) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 .”,

and

(q) in Schedule 4, by—

(i) the deletion of the following:

“

No. 10 of 1977

Unfair Dismissals Act 1977

Section 14(1), (2) and (4)

”,

and

(ii) the deletion of the following:

“

No. 5 of 1994

Terms of Employment (Information) Act 1994

Sections 3(1) and 5

.”

(2) This section (other than paragraph (a) of subsection (1)) shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

National Minimum Wage (Low Pay Commission) Act 2015 Permanent Page URL

National Minimum Wage (Low Pay Commission) Act 2015

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