Employment Equality Act, 1998
Provisions in certain agreements and orders. |
9.—(1) In a case where— | |
(a) an agreement or order to which this section applies contains a provision in which differences in rates of remuneration are based on any of the discriminatory grounds, and | ||
(b) in relation to a person to whom the agreement or order relates, that provision conflicts with an equal remuneration term in that person's contract of employment, | ||
then, subject to subsection (4), that provision shall be null and void. | ||
(2) If an agreement or order to which this section applies contains a provision which does not fall within subsection (1) but which gives rise to discrimination in relation to any of the matters in paragraphs (a) to (e) of section 8 (1) then, subject to subsection (4), that provision shall be null and void. | ||
(3) This section applies to the following agreements and orders, whether made before or after the coming into operation of this section: | ||
(a) collective agreements; | ||
(b) employment regulation orders, within the meaning of Part IV of the Industrial Relations Act, 1946 ; and | ||
(c) registered employment agreements, within the meaning of Part III of that Act. | ||
(4) In the case of a provision which— | ||
(a) is contained in an agreement or order made before the coming into operation of this section, and | ||
(b) is discriminatory on a ground other than the gender ground, | ||
subsection (1) or, as the case may be, subsection (2) shall not apply until the first anniversary of the date on which this section comes into operation; and, accordingly, until that date, the equal remuneration term or equality clause in a person's contract of employment shall not override any such provision of an agreement or order which relates to that person. |