Conditions of Employment Act, 1936

Wages Agreements Register.

50.—(1) As soon as may be after the commencement of this Act the Minister shall establish and thereafter maintain a register (in this section referred to as the register) in such form as he shall think proper to be styled and known as the Wages Agreements Register.

(2) Every agreement, signed (whether before or after the commencement or before or after the passing of this Act) by or on behalf of a body or bodies (in this section referred to as the employer signatories) substantially representative of the employers interested in any particular form of industrial work in the whole or in any particular part of Saorstát Eireann and by a body or bodies (in this section referred to as the worker signatories) substantially representative of the workers or of any particular class of the workers interested in the said particular form of industrial work in (as the case may be) the whole or in the said particular part of Saorstát Eireann, whereby the rates of salary, wages, or other reward payable to such workers or class of workers are regulated or restricted may be presented, within the time limited by this section, to the Minister by one or more of the parties thereto for registration in the register.

(3) Whenever an agreement made in respect of any particular form of industrial work is presented under this section to the Minister for registration in the register and the Minister is satisfied—

(a) that the employer signatories to such agreement are substantially representative of the employers concerned in such form of industrial work in the area to which such agreement relates, and

(b) that the worker signatories to such agreement are substantially representative of the workers or of a particular class of workers concerned in such form of industrial work in the area to which such agreement relates, and

(c) that such agreement, if made after the commencement of this Act, contains provisions regulating the duration or providing for the termination of such agreement and that such provisions are so framed as to secure that such agreement shall be operative for at least one year from the date thereof, and

(d) that such agreement is in all respects suitable for registration in the register, the Minister shall register such agreement in the register.

(4) Whenever an agreement is registered in the register, the following provisions shall, on and after the date on which such agreement is so registered and for so long thereafter as it continues to be binding on the parties thereto, have effect in relation to such agreement, that is to say:—

(a) such agreement shall be binding on every employer concerned in the form of industrial work in the area to which such agreement relates and on every worker or, where such agreement relates only to a class of workers, every worker in such class employed in the said form of industrial work in the said area;

(b) it shall not be lawful for any such employer to employ or pay any such worker or for any such worker to accept any employment or payment with or from any such employer at a rate of salary, wages, or other reward which is less than the rate provided by such agreement and applicable to such worker;

(c) if any such employer employs or pays any such worker in contravention of the next preceding paragraph of this sub-section, such employer shall be guilty of an offence under this section and if any such worker accepts any employment or payment in contravention of the said next preceding paragraph, such worker shall also be guilty of an offence under this section;

(d) subject to the provisions of the next following paragraph of this sub-section, every such worker shall notwithstanding any contract to the contrary, be entitled to demand from and be paid by and to recover from his employer, salary, wages, or other reward at the rate provided by such agreement and applicable to such worker;

(e) nothing contained in this sub-section shall operate to prevent any such employer from employing or paying any such worker salary, wages or other reward at a rate greater or more beneficial to such worker than the rate provided by such agreement and applicable to such worker, or operate to prevent any such worker who is so employed at such greater or more, beneficial rate of salary, wages, or other reward from recovering from his employer salary, wages, or other reward at such greater or more beneficial rate.

(5) Whenever an agreement is presented to the Minister for registration under this section the party or parties so presenting such agreement shall furnish to the Minister a copy thereof to be retained by him and shall furnish to the Minister all such information (if any) as he may require concerning such agreement and if such party or parties fail to furnish such copy and information the Minister may, on the ground of such failure, refuse the registration of such agreement.

(6) Whenever an agreement is registered in the register, the following provisions shall have effect, that is to say:—

(a) an officer of the Minister authorised in that behalf by the Minister shall cause to be endorsed on such instrument and shall sign thereon a certificate stating that such agreement is so registered and the date on which it was so registered;

(b) the Minister shall cause notice of the registration of such agreement in the register (with such particulars of such agreement and such registration as the Minister shall think proper) to be published in the Iris Oifigiúil;

(c) any person may obtain from the Minister, on –applying therefor in the prescribed manner and paying the prescribed fee, a copy of the copy of such agreement retained by the Minister under this section.

(7) A certificate endorsed and signed on an agreement in pursuance of the next preceding sub-section of this section shall be accepted in every court as conclusive evidence that such agreement is duly registered in the register and was so registered on the date stated in that behalf in such certificate and such certificate shall be so accepted without proof of the signature of the officer purporting to sign such certificate in pursuance of the said sub-section or that he was an officer of the Minister or was authorised by the Minister to sign such certificate.

(8) Whenever an agreement has been registered in the register, any person may, within one month after the publication in the Iris Oifigiúil of notice of such registration, apply to the High Court in a summary manner for the annulment of such registration, and on the hearing of such application the High Court may, if it is satisfied of either or both of the following matters that is to say:—

(a) that the employer signatories to such agreement were not, at the date of such agreement, substantially representative of the employers interested in the form of industrial work to which such agreement relates in Saorstát Eireann or, where such agreement applies to part only of Saorstát Eireann, in such part of Saorstát Eireann, or

(b) that the worker signatories to such agreement were not, at the date of such agreement, substantially representative of the workers or the particular class of workers to which such agreement relates employed in the form of industrial work to which such agreement relates in Saorstát Eireann or, where such agreement applies to part only of Saorstát Eireann, in such part of Saorstát Eireann,

annul the registration of such agreement in the register.

(9) The time within which an agreement may be presented under this section to the Minister for registration in the register shall be—

(a) in the case of an agreement bearing date before the date of the commencement of this Act, within six months after such commencement, or

(b) in the case of an agreement bearing date as of or after the date of the commencement of this Act, within six months after the date of such agreement.