Industrial Relations (Amendment) Act 2012

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Variation of registered employment agreements.

6.— The Act of 1946 is amended by substituting the following section for section 28:

“28.— (1) Subject to this section, any party to a registered employment agreement may apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.

(2) Where all parties to the registered employment agreement agree to vary the agreement in the terms of the proposed application, the Court shall within 6 weeks of receipt of an application under subsection (1) consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard.

(3) Not later than 4 weeks after considering an application under subsection (2) and where it is satisfied that it is appropriate to do so having regard to the matters specified in subsections (3A) and (3B) of section 27, the Court shall, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(4) Where a party to a registered employment agreement wishes to apply to the Court to vary the agreement, and the other party or parties to the agreement do not agree with the proposed variation, a party to the agreement may invoke the dispute resolution procedures contained in the agreement.

(5) Where the parties to the registered employment agreement have complied with subsection (4) and have failed to reach agreement, a party to the agreement may refer the dispute to the Labour Relations Commission for conciliation.

(6) Following a referral of a dispute to the Labour Relations Commission under subsection (5), where the parties to the dispute have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Industrial Relations Act 1990 , the Commission shall request the Court to investigate the dispute.

(7) On receipt of a report under subsection (6), the Court shall consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard, and the Court shall, within 6 weeks of receipt of the report, issue a recommendation to the parties to the registered employment agreement setting out its opinion on the merits of the dispute and the terms on which it should be settled.

(8) Where, 6 weeks after the date on which a recommendation under subsection (7) has issued, the dispute has not been resolved, a party to the agreement may apply to the Court to vary the agreement in the terms of the Court’s recommendation.

(9) The Court shall consider an application under subsection (8) and shall hear all persons appearing to the Court to be interested and desiring to be heard, and after such consideration, where it is satisfied that it is appropriate to do so having regard to the matters set out in subsections (3A) and (3B) of section 27, the Court may, within 6 weeks of receipt of the application, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(10) (a) An employer to whom a registered employment agreement applies who is not a party to the agreement may, subject to this subsection, apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.

(b) The Court shall not hear an application under paragraph (a) unless the applicant satisfies the Court that since the date on which the employment agreement was registered or last varied under this section there has been a substantial adverse change in the economic circumstances of the sector to which it relates.

(c) Where the Court is satisfied pursuant to paragraph (b) it shall notify the parties to the agreement of the application.

(d) The Court shall, within 6 weeks of notification of the parties pursuant to paragraph (c), hear all persons appearing to the Court to be interested and desiring to be heard, and where it is satisfied that it is appropriate to do so having regard to subsections (3A)(b) and (3B) of section 27, the Court shall, not later than 4 weeks after hearing the relevant persons, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(e) An employer may not make an application under paragraph (a) in respect of a registered employment agreement until at least 12 months after—

(i) the date on which the agreement was registered or last varied under this section, or

(ii) the date on which any previous application under paragraph (a) in respect of the agreement was refused by the Court,

whichever is the later.

(11) (a) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court makes an order varying an agreement (in this subsection referred to as a ‘variation order’) the Court shall forward a copy of the variation order to the Minister.

(b) As soon as practicable after receipt of a copy of a variation order, the Minister shall, where he or she is satisfied that this section has been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the variation order, and the order shall have effect from such date (on or after the date of the order) as the Minister shall specify in the order.

(c) Where the Minister is not satisfied that this section has been complied with, or where he or she considers that it is not appropriate to confirm the terms of the variation order, he or she shall—

(i) refuse to make an order to confirm the terms of the variation order, and

(ii) notify the Court in writing of his or her decision and the reasons for the decision.

(d) Every order under paragraph (b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(e) Nothing in this subsection shall affect the validity of an order varying a registered employment agreement made before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012.”.