Employment Equality Act, 1998

Mediation, decisions and appeals relating to collective agreements.

87.— (1) Where a collective agreement is referred to the Director under section 86 , it shall be the purpose of—

(a) mediation by an equality mediation officer under subsection (3) of that section, or

(b) a decision of the Director under subsection (4) of that section,

to identify which (if any) provisions of the agreement are null and void by virtue of section 9 and, if the equality mediation officer or, as the case may be, the Director thinks it appropriate, to provide guidance to the parties to the agreement as to how alternative or amended provisions might be devised which it would be lawful to include in the agreement.

(2) Not later than 42 days from the date of such a decision as is referred to in subsection (1)(b), the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

(3) The Labour Court shall hear an appeal under subsection (2) in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public, and the enactments specified in section 83 (3) shall apply to such an appeal as they apply to an appeal under section 83 .

(4) In its determination of an appeal under subsection (2) the Labour Court shall seek to achieve the purpose specified in subsection (1).

(5) In this section “collective agreement”, “the complainant” and “the respondent” have the same meaning as in section 86 .