Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973
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Reference to Labour Court and power to prohibit temporarily increases of remuneration, etc. paid by banks. |
3.—(1) Where any banks, whether before, on or after the commencement of this Act, pay or agree to pay increases of remuneration to any of their employees or amend or vary or agree to amend or vary any other terms or conditions of employment of any of their employees so as to provide improved or more favourable terms or conditions of employment for them— | |
(a) the Minister may refer the matter to the Labour Court, and | ||
(b) the Labour Court shall, if the matter is referred to it— | ||
(i) consider it and determine, in like manner as if the matter were referrable to it under the procedure in the National Agreements for resolving disputes relating to matters covered by those Agreements and had been so referred to it, whether the payment or making of the increases, improvements or variations is, or (if they have not been paid or made) would, if they were paid or made, be, at variance with the provisions or purposes of the National Agreements and of this Act, and | ||
(ii) furnish a report thereon to the Minister together with such recommendations (if any) as it thinks proper, | ||
and the Industrial Relations Acts, 1946 and 1969, shall apply and have effect in relation to the reference as if it were a reference under section 24 of the Industrial Relations Act, 1946 , and | ||
(c) if, having considered the report of the Labour Court in relation to the matter, the Minister decides not to make an order under section 4 of this Act in relation thereto, he shall, as soon as may be, cause notice of his decision to be published in the Iris Oifigiúil and, if an order was made under this section in relation to the matter, thereupon it shall, for the purposes of the entitlement of any employees to whom it applied to any increases of remuneration or amendments or variations of any other terms or conditions of employment, be deemed never to have been in force. | ||
(2) (a) Where negotiations in relation to a claim by employees of any banks for increases of their remuneration or for amendments or variations of any other terms or conditions of their employment are in progress, or any banks, whether before, on or after the commencement of this Act, pay or agree to pay increases of remuneration to any of their employees or amend or vary or agree to amend or vary any other terms or conditions of employment of any of their employees so as to provide improved or more favourable terms or conditions of employment for them, the Minister may by order under this section prohibit the payment by those banks, on or after a date not earlier than the commencement of the order, of the increases aforesaid and the implementing or continued implementing by those banks, on or after a date not earlier than the commencement of the order, of the amendments or variations aforesaid. | ||
(b) An order under this section in relation to any matter shall, if it is not revoked, expire— | ||
(i) on the commencement of an order under section 4 of this Act in relation to the matter, | ||
(ii) on the date of the publication in the Iris Oifigiúil of a notice of a decision of the Minister under subsection (1) (c) of this section, in relation to the matter, | ||
(iii) on the date of the publication in the Iris Oifigiúil of the notice of a decision of the Minister under paragraph (c) of this subsection in relation to the matter, or | ||
(iv) six months after its commencement, | ||
whichever is the earliest. | ||
(c) If, having made an order under this section, the Minister decides not to refer the matter to which the order relates to the Labour Court under this section, he shall, as soon as may be, cause notice of his decision to be published in the Iris Oifigiúil, and thereupon the order shall, for the purposes of the entitlement of any employees to whom it applied to any increases of remuneration or amendments or variations of any other terms or conditions of employment, be deemed never to have been in force. | ||
(d) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order. | ||
(e) The Minister may by order revoke an order under this section. | ||
(3) A bank that contravenes or fails to comply with an order under this section shall be guilty of an offence under this section. |