Industrial Relations (Amendment) Act 2019
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Amendment of section 23 of Act of 1990 | ||
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3. Section 23 of the Act of 1990 is amended— | ||
(a) in subsection (1), by the insertion of “a member of the Garda Síochána referred to in subsection (1A) and” after “means”, and | ||
(b) by the insertion of the following subsections after subsection (1): | ||
“(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. | ||
(1B) Subject to subsections (1C) and (1D), for the purposes of subsections (1) and (1A), references to all or any of the following, in relation to a member of the Garda Síochána, shall be construed as follows: | ||
(a) a reference to an employer shall be read as a reference to the Garda Commissioner; | ||
(b) a reference to a— | ||
(i) contract of employment, | ||
(ii) contract with an employer, | ||
(iii) employment contract, or | ||
(iv) any similar term, | ||
shall be read as a reference to any enactment, Garda code, instrument, decision, circular, instruction, any other document or any combination thereof that provides for or specifies the terms and conditions on which that member of the Garda Síochána serves; | ||
(c) a reference to a trade union shall be read as a reference to an association established under and in accordance with section 18 of the Act of 2005; | ||
(d) a reference to an employer organisation, a trade union of employers or an employer association shall be read as a reference to the Garda Commissioner; | ||
(e) without prejudice to section 3 of the Industrial Relations Act 1946 , a reference to a trade dispute shall be read as a reference to any dispute or difference between members of the Garda Síochána and the Garda Commissioner that is connected with the appointment or non-appointment of any such member, or with the terms and conditions on which such members serve, and includes any such dispute or difference between retired members and the Garda Commissioner. | ||
(1C) (a) Nothing in subsections (1), (1A) or (1B) shall affect the operation of section 18(3) of the Act of 2005. | ||
(b) Nothing in subsections (1), (1A) or (1B) shall operate to apply the Trade Union Acts 1871 to 1990 to the Garda Síochána and those subsections shall not apply to the interpretation of any terms used in those Acts. | ||
(1D) The enactments specified in column (3) of the Sixth Schedule shall not apply to a worker who is a member of the Garda Síochána to the extent specified in column (4) of that Schedule.”. |