Worker Participation (State Enterprises) Act, 1988
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Power to extend Worker Participation (State Enterprises) Acts, 1977 and 1988 to certain subsidiaries. |
9.—(1) In this section “a subsidiary to which this section applies” means— | |
(a) in relation to a designated body in Part I of the First Schedule (as amended by this Act) to the Principal Act, a company which would be a subsidiary of that body within the meaning of the Act of 1963, if the body were a company within the meaning of that Act, and | ||
(b) any company in relation to which by virtue of section 155 (4) of the Act of 1963, a designated body in Part II of the First Schedule (as amended by this Act) to the Principal Act is to be deemed to be, for the purposes of the Act of 1963, that company's holding company. | ||
(2) Subject to subsection (3) of this section, the Minister may as regards a particular subsidiary to which this section applies, by order provide that any employee of the subsidiary shall, for the purpose of the Worker Participation (State Enterprises) Acts, 1977 and 1988, be regarded as an employee of the designated body (which shall be named in the order). | ||
(3) An order under subsection (2) of this section shall not be made by the Minister unless— | ||
(a) a request in writing has been made to the appropriate Minister jointly by the designated body concerned and by representatives of employees of such body, and a copy of such request has been sent by the designated body concerned to the Minister, and | ||
(b) the Minister has consulted with the Minister for Finance and the appropriate Minister. | ||
(4) (a) Where an order under this section is for the time being in force— | ||
(i) the Worker Participation (State Enterprises) Acts, 1977 and 1988 (other than sections 2 to 8 of this Act) shall be construed and have effect in accordance with the order, | ||
(ii) without prejudice to the generality of subparagraph (i) of this paragraph, the reference to the designated body in section 11 (6) of the Principal Act shall be construed as including a reference to the subsidiary specified in the order. | ||
(b) Where a designated body is specified in an order under subsection (2) of this section, then for so long as the order remains in force— | ||
(i) in case the designated body is Aer Lingus, section 13 (1) (a) (i) of the Principal Act shall be construed and have effect as if after “that company” there were inserted a reference to the subsidiary so specified or, in case for the time being more than one such subsidiary stands so specified, a reference to either, or, as may be appropriate, any of those subsidiaries, | ||
(ii) in any other case, section 13 (1) of the Principal Act shall not apply as regards the case and in lieu thereof the following provisions shall apply, namely, if at an election relating to such designated body the returning officer receives during the period of seven days beginning on the stated day from— | ||
(I) a trade union or other body of persons which the returning officer is satisfied is both recognised for the purposes of collective bargaining negotiations either by such designated body or the subsidiary so specified, or, either or any as may be appropriate, of the subsidiaries so specified, and represents not less than fifteen per cent. of the employees of such designated body and subsidiary or subsidiaries, being employees entitled to vote at the election, when the numbers of employees employed by them and being so entitled are each added together, or | ||
(II) each of two or more trade unions or other bodies of persons which the returning officer is satisfied between them collectively represent not less than fifteen per cent. of such employees and as regards each of which the returning officer is satisfied that the body is so recognised, | ||
an application in writing requesting him not to proceed with the election, for the purposes of ascertaining whether or not a majority of those entitled to vote at the election is in favour of proceeding further with the election he shall arrange forthwith for the taking of a poll (which poll is in this Act referred to as a “preliminary poll”) and appoint either a day, or a period of more than one but not more than thirty days, which shall be the earliest day or period of days, as the case may be, for the taking of the preliminary poll. | ||
(5) The Minister may by order amend or revoke an order made under this section (including an order under this subsection). |