Workplace Relations Act 2015

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Amendment of section 10 of Act of 1946

75. (1) Section 10 of the Act of 1946 is amended by—

(a) the substitution of the following subsection for subsection (3):

“(3) Subject to subsection (3A) (inserted by section 75(1)(b) of the Workplace Relations Act 2015), the chairman shall—

(a) except in the case of a person reappointed to be chairman under subsection (3B) (inserted by that section), be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 , and

(b) hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.”,

(b) the insertion of the following subsections:

“(3A) The person who immediately before the commencement of section 75 of the Workplace Relations Act 2015 stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(3B) The Minister may reappoint a person whose term of office as chairman expires by the efflux of time to be the chairman.”,

(c) the substitution of the following subsection for subsection (4):

“(4) (a) The Minister shall—

(i) in respect of each workers’ member, designate an organisation (in this section referred to as a ‘designated body’) representative of trade unions of workers to nominate persons for the purposes of this section, and

(ii) in respect of each employers’ member, designate a trade union (in this section also referred to as a ‘designated body’) of employers to nominate persons for the purposes of this section,

and each such designated body shall nominate 3 persons for those purposes.

(b) The Minister shall—

(i) from among persons nominated under this subsection by a designated body referred to in subparagraph (i) of paragraph (a) appoint a person to be a workers’ member of the Court, and

(ii) from among persons nominated under this subsection by a designated body referred to in subparagraph (ii) of paragraph (a) appoint a person to be an employers’ member of the Court.”,

and

(d) the insertion of the following subsections:

“(4A) (a) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as a workers’ member of the Court shall, from such commencement, continue to be a workers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(b) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as an employers’ member of the Court shall, from such commencement, continue to be an employers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers’ member of the Court expires by the efflux of time to be a workers’ member of the Court.

(b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers’ member of the Court expires by the efflux of time to be an employers’ member of the Court.

(4C) Where a person—

(a) appointed under subsection (4) to be a member of the Court,

(b) who continues to be a member of the Court by virtue of subsection (4A), or

(c) reappointed in accordance with subsection (4B) to be a member of the Court,

is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.”.