Industrial Relations Act, 1976

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Number 15 of 1976

INDUSTRIAL RELATIONS ACT, 1976

ARRANGEMENT OF SECTIONS

Number 15 of 1976

INDUSTRIAL RELATIONS ACT, 1976

AN ACT TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACTS, 1946 AND 1969, TO REPEAL THE AGRICULTURAL WAGES ACTS, 1936 TO 1969, AND THE AGRICULTURAL WORKERS (HOLIDAYS) ACTS, 1950 TO 1975, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID MATTERS. [18th May, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1969” means the Industrial Relations Act, 1969 ;

“agricultural employer” means a person who employs other persons as agricultural workers;

“agricultural worker” means a person employed under a contract of service or apprenticeship whose work under the contract is or includes work in agriculture, but does not include a person whose work under any such contract is mainly domestic service;

“agriculture” includes horticulture, the production of any consumable produce which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland, or for market gardens, private gardens, nursery grounds or sports grounds, the caring for or the rearing or training of animals and any other incidental activities connected with agriculture;

“the Court” means the Labour Court;

“the Minister” means the Minister for Labour;

“the Principal Act” means the Industrial Relations Act, 1946 .

Amendment of section 4 of Principal Act.

2.—Section 4 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) In this Act ‘worker’ means any person aged 15 years or more who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour but does not include—

(a) a person who is employed by or under the State,

(b) a teacher in a secondary school,

(c) a teacher in a national school,

(d) an officer of a local authority,

(e) an officer of a vocational education committee,

(f) an officer of a committee of agriculture, or

(g) an officer of a school attendance committee.”.

Consequential repeal.

3.—Section 66 of the Principal Act, which defines “worker” for the purposes of Part VI of that Act, is hereby repealed.

Establishment of joint labour committee for agricultural workers.

4.—(1) As soon as practicable after the passing of this Act the Court shall by order establish a joint labour committee to perform, in relation to agricultural workers and their employers, the functions assigned to it by Part IV of the Principal Act.

(2) Sections 35 to 40 of the Principal Act shall not apply to the joint labour committee established under this section but that committee shall, subject to section 5 of this Act, be deemed to be a joint labour committee within the meaning of section 34 of the Principal Act.

Modification of Second Schedule to Principal Act.

5.—The Second Schedule to the Principal Act (which relates to the constitution, officers and proceedings of joint labour committees), shall apply to the joint labour committee established under section 4 of this Act subject to the following modifications:

(a) the chairman and not more than two independent members of the committee shall be appointed by the Minister with the consent of the Minister for Agriculture and Fisheries;

(b) the representative (employers) members of the committee shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural employers as the Minister thinks fit and with the consent of the Minister for Agriculture and Fisheries;

(c) the representative (workers) members of the committee (to a number equal to the number of representative (employers) members) shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural workers as the Minister thinks fit and with the consent of the Minister for Agriculture and Fisheries;

(d) paragraph 2 (2) shall not apply.

Repeal of Agricultural Wages Acts, 1936 to 1969.

6.—(1) The Agricultural Wages Acts, 1936 to 1969, are hereby repealed.

(2) Notwithstanding subsection (1) of this section, any order made under section 17 of the Agricultural Wages Act, 1936 , and in force at the commencement of this section shall continue in force and be deemed to be an employment regulation order.

(3) This section shall come into operation on the date of the making by the Court of the first employment regulation order under section 43 of the Principal Act following proposals to the Court under section 42 of that Act submitted by the joint labour committee established under section 4 of this Act.

Modification of section 49 of Principal Act.

7.—Section 49 (2) of the Principal Act, which relates to the posting by employers of certain notices, shall not apply to agricultural employers.

Additional divisions of the Court.

8.—(1) Whenever the Minister is of opinion that for the speedy dispatch of the business of the Court it is expedient that there should be added to the Court another division or other divisions he may, notwithstanding anything in the Act of 1969, by order, made with the consent of the Minister for the Public Service, provide for such an additional division or divisions.

(2) A division of the Court provided for under this section shall consist of a deputy chairman of the Court (who shall be chairman of the division), a workers' member and an employers' member, and sections 3 (b) and 3 (c) of the Act of 1969 shall apply in relation to such a division as if it were a division under that Act.

(3) Whenever the Minister makes an order under this section he shall appoint a deputy chairman of the Court, and sections 4 (4) to 4 (7) of the Act of 1969 (as amended by this Act) shall apply in relation to a deputy chairman appointed under this Act as if the references in those sections to a deputy chairman were references to a deputy chairman appointed under this Act.

(4) A deputy chairman (whether appointed under this section or under section 4 (4) of the Act of 1969) shall be paid such remuneration (by way of either fees or salary) and allowances as the Minister, with the consent of the Minister for the Public Service, determines.

(5) Section 4 (5) of the Act of 1969 is hereby repealed.

Consequential amendment of section 2 of Act of 1969.

9.—The Act of 1969 is hereby amended by the substitution of the following section for section 2:

“2.—(1) The Court shall consist of a chairman (in this Act referred to as the chairman), a deputy chairman or deputy chairmen and ordinary members.

(2) The number of deputy chairmen shall be equal to the number of divisions of the Court less one.

(3) The number of ordinary members shall be equal to twice the number of divisions of the Court and shall be divided equally among workers' members and employers' members.”.

Amendment of section 5 of Act of 1969.

10.—Section 5 of the Act of 1969 is hereby amended by the substitution of the following subsection for subsection (8):

“(8) The Minister shall grant and pay to Joseph Stapleton Quigley, upon his retirement without re-appointment from membership of the Court, a gratuity of an amount equal to one year's salary at the date of his retirement.”.

Repeal of Agricultural Workers (Holidays) Acts, 1950 to 1975.

11.—(1) The Agricultural Workers (Holidays) Acts, 1950 to 1975, are hereby repealed.

(2) This section shall come into operation on the commencement of regulations under the Holidays (Employees) Act, 1973, providing for the application of that Act to agricultural workers.

Short title, construction and collective citation.

12.—(1) This Act may be cited as the Industrial Relations Act, 1976, and shall be construed as one with the Principal Act.

(2) The Industrial Relations Acts, 1946 and 1969, and this Act may be cited together as the Industrial Relations Acts, 1946 to 1976.