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Principle of equal treatment and collective agreements, etc.
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32.—The Principal Act is hereby amended by the substitution for section 74 of the following section:
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“Principle of equal treatment and collective agreements, etc.
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74.—(1) (a) Where a rule or term of an agreement or order to which this section applies does not comply with the principle of equal treatment, it shall, to the extent that it does not so comply, be rendered null and void with effect from the 17th day of May, 1990, and the more favourable treatment accorded by it to persons of the one sex shall be accorded by it to persons of the other sex in respect of periods of employment to which that rule or term applies up to the date on which the rule or term is amended to comply with the principle of equal treatment.
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(b) This section applies to—
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(i) a collective agreement,
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(ii) an employment regulation order within the meaning of Part IV of the Act of 1946, and
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(iii) a registered employment agreement within the meaning of Part III of the Act of 1946 registered in the Register of Employment Agreements.
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(2) Where more favourable treatment is accorded to any persons under an agreement or order by virtue of subsection (1) the employer shall take such measures as are necessary to give effect to that subsection.
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(3) Where any rule or term of an agreement or order is rendered null and void by subsection (1), nothing in this Part shall affect any rights accrued or obligations incurred under that rule or term relating to a period before the 17th day of May, 1990—.
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(a) during the period beginning on the 17th day of May, 1990, and ending on the 31st day of December, 1998, or, in the case of retirement ages, the 31st day of December, 2017, or
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(b) in respect of members who cease to be in employment to which that rule or term applies before or during the period referred to in paragraph (a).”.
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