Ireland - 2015

1.1 Ratified ILO Conventions

1.2 National legal framework

1.3 National constitutional framework

1.4 Legal definitions

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• 1.4.1 Employee

  Legal provision:
  With regard to the interpretation of Part II of the IR Act, 1990 (Trade Union Law), concerning resolution of disputes, under section 8 "worker” is defined as "any person who is or was employed whether or not in the employment of the employer with whom a trade dispute arises, but does not include a member of the Defence Forces or of the Garda Síochána."
  With respect to the interpretation of Part III concerning Industrial Relations Generally, “worker” is defined under section 23(1) as "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 including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) 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)[deleted by S.I. No. 264/1998],
  (e) a member of staff of an education and training board, or
  (f) an officer of a school attendance committee."
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

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• 1.4.3 Employer

  Legal provision:
  With regard to the interpretation of the IR Act, 1990, Part II (Trade Union Law) concerning trade disputes, in section 8 ‘Employer’ means "a person for whom one or more workers work or have worked or normally work or seek to work having previously worked for that person.”
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

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• 1.4.4 Trade union (or workers’ organization)

  Legal provision:
  According to the IR Act 1990 with respect to the interpretation of Part II (Trade Union Law) concerning trade disputes, in section 8 "Trade union” means "a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941".
  This definition is also found in EPICA s. 1; and the IR Act 1946, s. 3.
  Under the Trade Union Act of 1913, section 2(1), "the expression “trade union” for the purpose of the Trade Union Acts, 1871 to 1906, and this Act, means any combination, whether temporary or permanent, the principal objects of which are under its constitution statutory objects: Provided that any combination which is for the time being registered as a trade union shall be deemed to be a trade union as defined by this Act so long as it continues to be so registered. The Trade Union Acts of 1971 (s. 1) and 1975 (s. 1) provide that the term trade union is to have the same meaning as in the Trade Union Acts, 1871 to 1975.
  

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 3)

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

  • Trade Union Act, 1913 (c. 30). (s. 2(1))

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 1)

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• 1.4.5 Employers’ organization

  Legal provision:
  With regard to the interpretation of the IR Act, 1990, Part II (Trade Union Law) concerning trade disputes, in section 8 “Trade union” means "a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941." Although employers' organization are not mentioned expressly in the law, they are defined as the same as trade unions.
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

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• 1.4.7 Collective bargaining

  Legal provision:
  No provision found.

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• 1.4.8 Collective agreement

  Legal provision:
  The IR Act of 1946 contains a definition for "employment agreement" with respect to the interpretation of Part III of the Act concerning agreements relating to wages and conditions of employment. Section 25 provides "“Employment agreement” means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers."

  It should be noted that on the 9th of May, 2013 in McGowan and others v The Labour Court, Ireland and the Attorney General [2013] IESC 21, the Supreme Court of Ireland ruled that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution, which provides that the exclusive power to make laws is vested in the Oireachtas. The Supreme Court took the view that Registered Employment Agreements (REA) are instruments having the status of laws made by private individuals subject only to a limited power of veto by a subordinate body. While the Constitution allows for the limited delegation of law making functions, the provisions of the 1946 Act went beyond what is permissible under the Constitution.

  As a result of the ruling, all REA previously registered under Part III of the 1946 were invalidated and ceased to have effect as of 9 May 2013. The Labour Court no longer had jurisdiction to enforce, interpret or otherwise apply these agreements.

  Currently, all such agreements no longer have any application beyond the subscribing parties and are not enforceable in law. However, existing contractual rights of workers in sectors covered by REA unaffected by the ruling. Contractual rights can be altered only by agreement between the parties involved.

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 25)

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• 1.4.9 Essential service

  Legal provision:
  The CPDPDO 1992 sets out the code of practice on dispute resolution procedures between workers and employers, in particular those in essential services. It provides that essential services "include those whose cessation or interruption could endanger life, or cause major damage to the national economy, or widespread hardship to the Community and particularly: health services, energy supplies, including gas and electricity, water and sewage services, fire, ambulance and rescue services and certain elements of public transport."
  

  • Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order, 1992 (S.I. No. 1/1992). (s. 30)

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• 1.4.10 Public service

  Legal provision:
  No provision found

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• 1.4.11 Dispute (collective dispute)

  Legal provision:
  With respect to the interpretation of Part II of the IR Act concerning the Trade Union Law, in section 8 “Trade dispute” means "any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person." The IR Act, 1946 has a very similar definition but also encompasses disputes between "workers and workers". Section 3 reads ""Trade dispute" means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person"
  

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 3)

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

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• 1.4.12 Strike

  Legal provision:
  With regard to the interpretation of Part II of the IR Act concerning the Trade Union Law, in section 8 "’Strike” means the "cessation of work by any number or body of workers acting in combination or a concerted refusal or a refusal under a common understanding of any number of workers to continue to work for their employer done as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment."
  With respect to the interpretation of Part II of the Redundancy Payment Act, 1967 as well as the Minimum Notice and Terms of Employment Act 1973, the definition of "strike" is almost identical and is defined as "the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment."
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 8)

  • Redundancy Payments Act, 1967 (No. 21 of 1967). (s. 6)

  • Minimum Notice and Terms of Employment Act 1973. (s. 1)

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• 1.4.13 Lockout

  Legal provision:
  With regard to Part II of the Redundancy Payment Act as well as the Minimum Notice and Terms of Employment Act, "Lock-out” means "the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment"

  • Minimum Notice and Terms of Employment Act 1973. (s. 1)

  • Redundancy Payments Act, 1967 (No. 21 of 1967). (s. 6)

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2.1 Establishment of organizations

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• 2.1.1 Right to establish or join organizations

  Legal provision:
  No provision found.

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• 2.1.2 Creation of single workers' or employers’ organization structures at certain levels of collective bargaining

  Legal provision:
  No provision found

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• 2.1.3 Determination of trade union representativity

  Legal Provision: No provision found.

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• 2.1.4 Rights granted to ‘most representative’ trade unions

  Legal provision:
  No provision found.

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• 2.1.5 Minimum number of members or representativeness criteria required for the establishment of trade unions and employers' organizations

  Legal provision:
  These provisions apply to both trade unions and employers’ organizations:
  Under section 6 of the TUA, "any seven or more members of a trade union may by subscribing their names to the rules of the union, and otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void."
  In addition, there is also a representativeness criterion placed on employers' organization wishing to enter into collective bargaining. In order to do so, they must obtain a Negotiating Licence under section 7 of the TUA 1941 as amended by s 2 of the TUA 1971, s 17 of the TUA 1975 and ss. 16 & 21 of the IR Act 1990. One of the formalities is that the organization must satisfy "the Minister for Jobs, Enterprise and Innovation that, both at the date of its application and over the 18-month period before the date of its application, it had not less than 1,000 members resident in the State."
  

  • Trade Union Act, 1871 (c. 31). (s. 6)

  • Trade Union Act, 1941 (No. 22 of 1941). (s. 7)

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• 2.1.6 Formalities and requirements for the registration of trade unions and employers' organizations

  Legal provision:
  The provisions below apply to both trade unions and employers’ organizations:
  The TUA 1871 to 1935 regulate, inter alia, the registration of trade unions while the TUA 1941 to 1990 establish a licencing system for trade unions wishing to enter into collective bargaining and facilitating the merger of trade unions. Trade unions and employers' organizations must be both registered and hold a Negotiation Licence in order to enter into negotiations for their members. The holder of a Negotiation Licence becomes the recognised trade union under the law, "trade union" being defined in later Acts as one which holds a negotiation licence under Part II of the Trade Union Act 1941 (EPICA s. 1; IR Act 1946, s. 3; IR Act, 1990 s. 8).

  The formalities for registration of a trade union are set out in the TUA 1871 sections 13-15, which provide that an application to register as a trade union must be in the required form and "printed copies of the rules, together with a list of the titles and names of the officers, shall be sent to the registrar under this Act" (s.13(1)). If the trade union has "been in operation for more than a year before the date of such application, there shall be delivered to the registrar before the registry thereof a general statement of the receipts, funds, effects, and expenditure of such trade union in the same form, and showing the same particulars as if it were the annual general statement" (s.13(4)). The rules of a trade union "shall contain provisions in respect of the several matters mentioned in the first schedule to this Act" (s.14(1)) and every trade union is to have a registered office (s.15).

  The formalities for the application of a Negotiation Licence (set out in section 7 of the TUA 1941 as amended by Section 2 of the Trade Union Act 1971, Section 17 of the Trade Union Act, 1975 and Sections 16 & 21 of the 1990 Industrial Relations Act) must be fulfilled and a Licence granted before the holder may enter into collective bargaining. Under the 1941 Act, Employers’ organizations must register as a trade union and obtain a Negotiation Licence. The TUA 1941 introduced provisions requiring trade unions or "an excepted body", to apply for, and be the holder of, a Negotiation Licence, in order to “carry on negotiations for the fixing of wages or other conditions of employment” (s.6(1) & (3)). The TUA (as amended) restricts the granting and holding of a Negotiation Licence to a trade union which is registered under the Trade Union Acts, 1871 to 1935 (or a trade union under the law of another country, if they fulfil certain criteria). According to the Ministerial Guidelines for the application of a Negotiating Licence, the following formalities have to be completed before the Minister for Jobs, Enterprise and Innovation will register the application:
  1. At least 18 months before the date of application for a licence it notifies its intention to make an application to the Minister for Jobs, Enterprise and Innovation, ICTU and any trade union of which any members of the applicant trade union are members and it publishes in at least 1 daily newspaper a notice of its intention to make an application in the format prescribed in the Trade Union Act, 1971 (Notice of Intention to apply for Negotiation Licence) Regulations, 1972, S.I. No. 158 of 1972.
  2. The trade union satisfies the Minister for Jobs, Enterprise and Innovation that, both at the date of its application and over the 18 month period before the date of its application, it had not less than 1,000 members resident in the State.
  3. It deposits and keeps on deposit with the High Court for the 18 months before the date of its application the required sum.
  4. Its rules incorporate the provisions of Section 14 of the Industrial Relations Act, 1990 relating to secret ballots and in the case of a trade union under the law of another country, the trade union has forwarded a copy of its rules to the Registrar of Friendly Societies.
  5. In the case of a trade union under the law of another country it has a committee of management or other controlling authority consisting solely of members resident in the State who are empowered by the rules of the trade union to take decisions in matters solely and directly affecting members resident in the State or in Northern Ireland,
  In addition a registered trade union or a trade union under the law of another country which has deposited and keeps deposited with the High Court the required sum appropriate to its membership in accordance with the Third Schedule to the 1990 Industrial Relations Act but which does not fulfil one or more of the other conditions can qualify for a Negotiation Licence by applying to the High Court for a declaration under Section 3 of the Trade Union Act, 1971 that the granting of a Negotiating Licence would not be against the public interest.
  

  • Trade Union Act, 1871 (c. 31). (ss. 13(1),(2),(4); 14 & 15)

  • Trade Union Act, 1941 (No. 22 of 1941). (ss. 6 & 7)

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• 2.1.7 Obligations of social partners to join certain types, or specific categories of organizations

  Legal provision:
  No provision found.

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• 2.1.8 Ability of trade unions and employers’ organizations to form and join federations and confederations

  Legal provision:
  No provision found

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2.2 Administration of organisations

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• 2.2.1 Contents of trade union and employers’ organization by-laws / constitution

  Legal provision:
  These provisions apply to both trade unions and employers’ organizations:
  Section 14 of the TUA 1871 provides that the requirements listed in the First Schedule of the Act must be contained in the trade union rules for all trade unions registered under the Act. The First Schedule lists these as:
  "1. The name of the trade union and place of meeting for the business of the trade union.
  2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade union.
  3. The manner of making, altering, amending, and rescinding rules.
  4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer, and other officers.
  5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.
  6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union."

  The IR Act 1990 amended the First Schedule, introducing other criteria into the rules of the trade union. These include the following:
  "14(2) The rules of every trade union shall contain a provision that—
  (a) the union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action;
  (b) the union shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the union or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting;
  (c) the committee of management or other controlling authority of a trade union shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in paragraph (d), favour such strike or other industrial action;
  (d) the committee of management or other controlling authority of a trade union shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of its members voting in a secret ballot, except where, in the case of ballots by more than one trade union, an aggregate majority of all the votes cast, favours such strike or other industrial action;
  (e) where the outcome of a secret ballot conducted by a trade union which is affiliated to the Irish Congress of Trade Unions or, in the case of ballots by more than one such trade union, an aggregate majority of all the votes cast, is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented unless the action has been sanctioned by the Irish Congress of Trade Unions;
  (f) as soon as practicable after the conduct of a secret ballot the trade union shall take reasonable steps to make known to its members entitled to vote in the ballot:
  (i) the number of ballot papers issued,
  (ii) the number of votes cast,
  (iii) the number of votes in favour of the proposal,
  (iv) the number of votes against the proposal, and
  (v) the number of spoilt votes."
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 14)

  • Trade Union Act, 1871 (c. 31). (s. 14; Schedule 1)

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• 2.2.2 Requirements for individuals to affiliate with trade unions and employers’ organizations

  Legal provision:
  These provisions apply to both trade unions and employers’ organizations:
  “A person under the age of twenty-one, but above the age of sixteen, may be a member of a trade union unless provision be made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee, or treasurer of the trade union."
  

  • Trade Union Act Amendment Act, 1876 (c. 22). (s. 9)

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• 2.2.3 Formalities and requirements for the election of trade union and employers’ organization representatives

  Legal provision:
  No provision found

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• 2.2.4 Formalities for the adoption of decisions by a trade union or employers’ organization 

  Legal provision:
  The Industrial Relations Act of 1990 requires trade unions to carry out a vote by secret ballot prior to carrying out industrial action under section 14 (see point 2.2.1)

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• 2.2.5 Procedures for the dissolution of trade unions and employers’ organizations

  Legal provision:
  These provisions apply to both trade unions and employers’ organizations:
  "The rules of every trade union shall provide for the manner of dissolving the same, and notice of every dissolution of a trade union under the hand of the secretary and seven members of the same, shall be sent within fourteen days thereafter to the central office herein-before mentioned, or, in the case of trade unions registered and doing business exclusively in Scotland or Ireland, to the assistant registrar for Scotland or Ireland respectively, and shall be registered by them: Provided, that the rules of any trade union registered before the passing of this Act shall not be invalidated by the absence of a provision for dissolution."

  • Trade Union Act Amendment Act, 1876 (c. 22). (s. 14)

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2.3 Exclusions

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• 2.3.1 Exclusions

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  • 2.3.1.1 Police / security forces

    Legal provision:
    No provision found.

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  • 2.3.1.2 Defence forces

    Legal provision:
    No provision found.

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  • 2.3.1.3 Public / civil servants (Managerial and supervisory staff only)

    Legal provision:
    No provision found.

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  • 2.3.1.4 Other

    Legal provision:
    Not applicable.

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4.1 Legal and institutional framework

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• 4.1.1 Main tripartite (or tripartite plus) social dialogue institution(s) that serve as the umbrella institution(s) of general nature at national level

  Description: Institution A:
  National Economic and Social Council (NESC).

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• 4.1.2 Legal status of institution(s)

  Description: Institution A:
  The NESC holds itself out as an independent body.

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• 4.1.3 Description of the institution(s)

  Description: Institution A:
  Formation
  The NESC was established in 1973, began its tripartite work around 1986 and was placed on a statutory footing in 2006.

  
  Purpose
  The NESC started with the mandate to support and drive change in the Irish workplace by developing a strategic framework for the conduct of relations and negotiation of agreements between the government and the social partners.

  
  Function
  The NESC advises the Taoiseach (Prime Minister) on strategic policy issues relating to sustainable economic, social and environmental development in Ireland.

  The Council can consider these matters either on its own initiative or at the request of the Government. It reaches its decisions through consensus, there is no voting.

  
  Composition
  The members of NESC are appointed by the Taoiseach (on nomination by the various organizations) for a three-year term.
  The make-up of the Council is: five nominations from agricultural and farming organizations; five nominations by business and employers’ organizations; five nominations by the Irish Congress of Trade Unions; five persons nominated by community and voluntary organizations; five public servants, of whom at least one represents the Taoiseach, and one the Minister for Finance; and five persons possessing knowledge, experience and skills which the Taoiseach considers relevant to the functions of the Council.

  The Council regulates its own procedures and business. The Council is under the aegis of the Department of the Taoiseach, and is funded primarily through a Grant-in-Aid which is part of the overall Estimate for the Department.

  
  Meetings
  The NESC Council meets usually on a monthly basis. These meetings are chaired by the Secretary General of the Department of the Taoiseach. At each meeting the Council discusses reports drafted by the NESC Secretariat staff.

  The work programme of NESC is decided on a three-year basis, by the NESC Council, with inputs from the Department of the Taoiseach.

  The Council also works at international level with the national economic and social councils of other EU member states.

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• 4.1.4 Founding instrument of the institution(s)

  Description: Institution A:
  The NESC was put on a statutory footing by the National Economic and Social Development Office Act (No. 21 of 2006).

  • National Economic and Social Development Office Act, No. 21 of 2006

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• 4.1.5 Number of members in the main decision-making body of the institution(s)

  Number: Institution A:
  35 members.

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• 4.1.6 Representatives other than workers, employers and government included in the institution(s)

  Description: Institution A:
  14. “Composition of the Council
  (1) The Council shall consist of a chairperson, a deputy chairperson and such number of ordinary members as the Taoiseach may determine in accordance with subsection (3).
  ...
  (3) Of the ordinary members of the Council—
  ...
  (d) not less than 3 and not more than 5 shall be persons nominated by organizations which the Taoiseach considers representative of the community and voluntary sector participating in social partnership arrangements,
  ...
  (f) not less than 3 and not more than 5 shall be persons possessing knowledge, experience and skills which the Taoiseach considers relevant to the functions of the Council.”
  

  • National Economic and Social Development Office Act, No. 21 of 2006 (s. 14)

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• 4.1.7 Mandate of the institution(s)

  Description: Institution A:
  The NESC has a very broad mandate including economic, labour and social policy, wages, social security, gender related issues, labour law reforms, migration related issues and others.

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• 4.1.8 Legal effect of the decisions made by the institution(s)

  Description: Institution A:
  9. "Functions of the Council
  (1) The functions of the Council shall be to analyse and report to the Taoiseach on strategic issues relating to the efficient development of the economy and the achievement of social justice and the development of a strategic framework for the conduct of relations and the negotiation of agreements between the Government and the social partners.
  (2) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Council, by order amend the functions of the Council under subsection (1) or confer additional functions on it connected with the activities of the Office.
  (3) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Council, by order amend or revoke an order under this section (including an order under this subsection).
  (4) Any report made to the Taoiseach under subsection (1) may be made at the request of the Taoiseach or at the initiative of the Council.”
  

  • National Economic and Social Development Office Act, No. 21 of 2006 (s. 9)

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• 4.1.9 Source of budget and funds for the functioning of the institution(s)

  Description: Institution A:
  “The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided for by the Oireachtas.”
  

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 5)

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4.2 Practical information

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• 4.2.1 Major tripartite agreements, social pacts, or contributions to legislation that have been made within the institution(s)

  Description: Institution A:
  NESC (in partnership with the Taoiseach) set the agenda for:
  1987-1990 - Programme for National Recovery (PNR)
  1991-1994 - Programme for Economic and Social Progress (PESP)
  1994-1996 - Programme for Competitiveness and Work (PCW)
  1997-2000 - Partnership 2000, for Inclusion, Employment and Competitiveness (P2000)
  2000-2003 - Programme for Prosperity and Fairness (PPF)
  2003-2005 - Sustaining Progress (SP)
  2006-2016 - Towards 2016 (T2016)

  
  From 1986 to 2006 the NESC produced strategy reports which were the basis for negotiating social partnership agreements, as well as contributing to development of overall Government policy.

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• 4.2.2 Proportion of members who are women in the main decision-making body of the institution(s)

  Proportion: Institution A:
  26%of the members are women.
  

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5.1 Information and consultation at the workplace

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• 5.1.1 Procedures and bodies that promote information sharing and consultation between workers and employers at the workplace

  Legal provision:
  7”(1) Subject to subsection (2) and section 9, the employer— (a) may at his or her own initiative, or
  (b) shall at the written request of at least 10 per cent of employees received either by him or her on the one hand, or by the Court or a nominee of the Court on the other hand, enter into negotiations with employees or their representatives (or both) to establish information and consultation arrangements.
  (2) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (1)(b) shall be construed as meaning the lesser of—
  (a) 10 per cent of the employees in the undertaking concerned (but not less, in any case, than 15 employees), or
  (b) 100 employees,
  (to be known and in this Act referred to as the “employee threshold”)."

  In accordance with section 10, in the case where:-
  "(a) the parties agree to adopt the Standard Rules set out in Schedule 1 and the procedures for the election of employees’ representatives set out in Schedule 2,
  (b) the employer refuses to enter into negotiations within 3 months of receiving the written request from employees as provided for under section 7 (1) or of the date of receipt of notification by the employer under section 7 (3)(c), or
  (c) the parties to the negotiations cannot agree to the establishment of an information and consultation arrangement within the time limit specified in section 7(6)) and section 7 (7),
  the Standard Rules shall apply to the undertaking and an Information and Consultation Forum shall be established."
  The Standard Rules are set out in Schedule 1
  

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (ss. 7, 19; Schedule 1)

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• 5.1.2 Legal status of workers' representatives and information sharing and consultation procedures

  Legal provision:
  Information and consultation arrangements in the workplace may be established through a collective agreement:
  7(1) “Subject to subsection (2) and section 9, the employer—
  (a) may at his or her own initiative, or
  (b) shall at the written request of at least 10 per cent of employees received either by him or her on the one hand, or by the Court or a nominee of the Court on the other hand, enter into negotiations with employees or their representatives (or both) to establish information and consultation arrangements.
  (2) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (1)(b) shall be construed as meaning the lesser of—
  (a) 10 per cent of the employees in the undertaking concerned (but not less, in any case, than 15 employees), or
  (b) 100 employees, (to be known and in this Act referred to as the’employee threshold’).”

  8(1) “An agreement establishing one or more information and consultation arrangements may be negotiated by the employer and the employees or their representatives (or both) (to be known and in this Act referred to as a “negotiated agreement”).
  (2) A negotiated agreement shall be—
  (a) in writing and dated,
  (b) signed by the employer,
  (c) approved by the employees,
  (d) applicable to all employees to whom the agreement relates, and
  (e) available for inspection by those persons and at the place agreed between the parties.
  …
  (5) A negotiated agreement shall include reference to the following matters:
  (a) the duration of the agreement and the procedure, if any, for its renegotiation;
  (b) the subjects for information and consultation;
  (c) the method and timeframe by which information is to be provided, including as to whether it is to be provided directly to employees or through one or more employees’ representatives;
  (d) the method and timeframe by which consultation is to be conducted, including as to whether it is to be conducted directly with employees or through one or more employees’ representatives; and
  (e) the procedure for dealing with confidential information."

  
  In the event that parties fail to reach an agreement on establishing workplace arrangements for information and consultation, this may be established through legislation:
  10(1) "Where—
  (a) the parties agree to adopt the Standard Rules set out in Schedule 1 and the procedures for the election of employees’ representatives set out in Schedule 2,
  (b) the employer refuses to enter into negotiations within 3 months of receiving the written request from employees as provided for under section 7(1) or of the date of receipt of notification by the employer under section 7(3)(c), or
  (c) the parties to the negotiations cannot agree to the establishment of an information and consultation arrangement within the time limit specified in section 7(6) and section 7(7), the Standard Rules shall apply to the undertaking and an Information and Consultation Forum shall be established.
  (2) Subject to section 14(4) and (5), where the Standard Rules apply to an undertaking, the employer shall as soon as practicable, but not later than 6 months after they first become applicable, comply with the requirements of the Standard Rules.
  (3) After a minimum initial period of 2 years from the establishment of the Information and Consultation Forum and thereafter on a basis agreed by both parties, the application of the Standard Rules to an undertaking may be reviewed by the Information and Consultation Forum and the employer, and both parties may enter into negotiations for the purpose of changing the rules or procedures for that Forum and may change those rules or procedures accordingly.
  (4) If the terms of a negotiated agreement are not approved in accordance with section 8(3), the Standard Rules shall not apply until 2 years have passed.
  (5) Where, during the period of 2 years referred to in subsection (4), the parties seeking to approve a negotiated agreement re-enter negotiations and approve a negotiated agreement the Standard Rules
  shall not apply."
  

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (ss. 7, 8 & 10)

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• 5.1.3 Minimum number of workers required for the establishment of information sharing and consultation procedures, or bodies

  Legal provision:
  "This Act applies—
  …(c) from 23 March 2008 to undertakings with at least 50 employees.
  (2) The number of employees referred to in subsection (1) is referred to in this Act as a “relevant workforce threshold”.
  

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 4 )

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• 5.1.4 Formalities for the election of workers’ representatives

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  • 5.1.4.1 Unionized workplaces

    Legal provision:
    6. "(1) In this Act, “ employees’ representative” means an employee elected or appointed for the purposes of this Act.
    (2) Subject to subsections (3) and (4), the employer shall arrange for the election or appointment of one or more than one employees’ representative under this section."
    If the Standard Rules are applied in the workplace, Schedule 2 of the Act sets out the procedures for the election of employees' representatives.
    Schedule 2
    “Election of Employees’ Representatives
    1. An employee who is employed in the State by the relevant undertaking on the day the date or dates for an election of members of the Information and Consultation Forum (in this Schedule referred to as the “Forum”) is fixed and who is, on the election day or days, an employee of the undertaking, shall be entitled to vote in such an election.
    2. An employee who is employed in the State by the undertaking for a continuous period of not less than one year on the nomination day shall be eligible to stand as a candidate for election as a member of the Forum, provided that he or she is nominated by— (a) at least 2 employees, or (b) a trade union or excepted body with whom it is the practice of the employer to conduct collective bargaining negotiations.
    3. Where the number of candidates on the nomination day exceeds the number of members to be elected to the Forum, a poll shall be taken by the returning officer and voting in the poll shall take place by secret ballot on a day or days to be decided by the returning officer and according to the principle of proportional representation.4. The employer in consultation with existing employees shall appoint a returning officer whose duties shall include the organization and conduct of nominations and elections and that officer may authorise other persons to assist in the performance of the duties of returning officer.
    5. The returning officer shall perform his or her duties in a fair and reasonable manner and in the interests of an orderly and proper conduct of nomination and election procedures.
    6. The cost of the nomination and election procedure shall be borne by the employer.”

    • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 6)

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  • 5.1.4.2 Non-unionized workplaces

    Legal provision:
    6. "(1) In this Act, “ employees’ representative” means an employee elected or appointed for the purposes of this Act.
    (2) Subject to subsections (3) and (4), the employer shall arrange for the election or appointment of one or more than one employees’ representative under this section."
    If the Standard Rules are applied in the workplace, Schedule 2 of the Act sets out the procedures for the election of employees' representatives.
    Schedule 2
    “Election of Employees’ Representatives
    1. An employee who is employed in the State by the relevant undertaking on the day the date or dates for an election of members of the Information and Consultation Forum (in this Schedule referred to as the “Forum”) is fixed and who is, on the election day or days, an employee of the undertaking, shall be entitled to vote in such an election.
    2. An employee who is employed in the State by the undertaking for a continuous period of not less than one year on the nomination day shall be eligible to stand as a candidate for election as a member of the Forum, provided that he or she is nominated by— (a) at least 2 employees, or (b) a trade union or excepted body with whom it is the practice of the employer to conduct collective bargaining negotiations.
    3. Where the number of candidates on the nomination day exceeds the number of members to be elected to the Forum, a poll shall be taken by the returning officer and voting in the poll shall take place by secret ballot on a day or days to be decided by the returning officer and according to the principle of proportional representation.4. The employer in consultation with existing employees shall appoint a returning officer whose duties shall include the organization and conduct of nominations and elections and that officer may authorise other persons to assist in the performance of the duties of returning officer.
    5. The returning officer shall perform his or her duties in a fair and reasonable manner and in the interests of an orderly and proper conduct of nomination and election procedures.
    6. The cost of the nomination and election procedure shall be borne by the employer.”

    • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 6)

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• 5.1.6 Registration of information sharing and consultation bodies, the outcomes of such procedures, or joint decisions

  Legal provision:
  No provision found

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• 5.1.7 Legal definitions of the issues covered in information sharing, consultation, or joint decision-making

  Legal provision:
  Information sharing and Consultation
  "3(1) Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation. "
  In the Act, information and consultation are defined in Schedule 1 containing the Standard Rules on Information and Consultation as:
  "(a) information on the recent and probable development of the undertaking’s activities and economic situation;
  b) information and consultation on the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular where there is a threat to employment;
  (c) information and consultation on decisions likely to lead to substantial changes in work organization or in contractual relations, including those covered by the European (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 ) and the Protection of Employment Act 1977 (as amended by the Protection of Employment Order 1996 (S.I. No. 370 of 1996) and the European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000))."
  These Rules apply in workplaces where there is no agreement reached between workers and employers as to the sharing of information and consultation

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 3; Schedule 1, Rule 3)

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  • 5.1.7.1 Information sharing

    Legal provision:
    3. "(1) Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation."

    In the Act, information and consultation are defined in Schedule 1 containing the Standard Rules on Information and Consultation as:
    "(a) information on the recent and probable development of the undertaking’s activities and economic situation;
    b) information and consultation on the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular where there is a threat to employment;
    (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the European (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003 ) and the Protection of Employment Act 1977 (as amended by the Protection of Employment Order 1996 (S.I. No. 370 of 1996) and the European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000))."

    These Rules apply in workplaces where there is no agreement reached between workers and employers as to the sharing of information and consultation.
    

    • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 3; First Schedule, Rule 3)

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  • 5.1.7.2 Consultation

    Legal provision:
    3. "(1) Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation."

    In the Act, information and consultation are defined in Schedule 1 containing the Standard Rules on Information and Consultation as:
    "(a) information on the recent and probable development of the undertaking’s activities and economic situation;
    b) information and consultation on the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular where there is a threat to employment;
    (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the European (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003 ) and the Protection of Employment Act 1977 (as amended by the Protection of Employment Order 1996 (S.I. No. 370 of 1996) and the European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000))."

    These Rules apply in workplaces where there is no agreement reached between workers and employers as to the sharing of information and consultation.

    • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 3; First Schedule, Rule 3)

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  • 5.1.7.3 Joint decision-making

    Legal provision:
    Not applicable.

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• 5.1.8 Frequency of information sharing and consultation procedures

  Legal provision:
  If the Standard Rules apply to a workplace, there is an obligation as to how many times the Information and Consultation Forum is to meet. Section 2(1) provides:
  "The Forum shall adopt its own rules of procedure subject to the following:
  (e) the Forum shall have the right to meet with the employer twice a year. Where there are exceptional circumstances, the Forum shall have the right to request a meeting with the employer and consent to this meeting shall not be unreasonably withheld."

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (Schedule 1, Rule 2(1)(e))

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• 5.1.9 Dispute resolution mechanisms for disputes arising from the interpretation or implementation of the outcomes of information sharing, consultation, or joint decision-making

  Legal provision:
  Disputes between an employer and one or more employees or his or her representatives (or both) concerning:
  (a) negotiations under section 8 or 10 , (b) interpretation or operation of any agreement under section 8 or 9 , (c) interpretation or operation of the Standard Rules under section 10 (as set out in Schedule 1 ) or the procedures for election of employees’ representatives (as set out in Schedule 2 ), or (d) interpretation or operation of a system of direct involvement under section 11, may, subject to subsection (2), be referred by the employer, one or more than one employee or his or her representatives (or both) to the Court for investigation.
  …(3) Having investigated a dispute under subsection (1), the Court may make a recommendation in writing giving its opinion in the matter.
  (4) Where, in the opinion of the Court, a dispute that is the subject of a recommendation under subsection (3) has not been resolved, the Court may, at the request of—
  (a) an employer, or
  (b) one or more employees or their representatives (or both),
  and, following a review of all relevant matters, make a determination in writing."
  

  • Employees (Provision of Information and Consultation) Act 2006 (Act No. 9 of 2006). (s. 15)

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6.1 Scope of collective bargaining 

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• 6.1.1 Scope of collective bargaining 

  Legal provision:
  No provision found

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6.2 Recognition of organizations for the purposes of collective bargaining

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• 6.2.1 Representativity requirements for trade unions to negotiate a collective agreement 

  Legal provision:
  A trade union will only be recognised as a bargaining agent if it applies for a barganining licence in terms of s. 6 of the Trade Union Act 1941:
  6. "(1) It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence."
  Under s. 21 of the Industrial Relations Act on 1990, in order for a union to qualify for a negotiation licence, it must have t least 1000 members:
  (21. "2) Section 2 (1) (b) of the Act of 1971 (which refers to the minimum membership for the grant of a negotiation licence) is hereby amended, in relation to applications for a negotiation licence made after the passing of this Act, by the substitution for “500” of “1,000”."
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 21)

  • Trade Union Act, 1941 (No. 22 of 1941). (s. 6)

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• 6.2.2 Representativity requirements for an employer or employers’ organization to negotiate a collective agreement

  Legal provision:
  An employers' organization will only be recognised as a bargaining agent if it applies for a barganining licence in terms of s. 6 of the Trade Union Act 1941:
  6. "(1) It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence."
  Under s. 21 of the Industrial Relations Act on 1990, in order for a union to qualify for a negotiation licence, it must have t least 1000 members:
  (21. "2) Section 2 (1) (b) of the Act of 1971 (which refers to the minimum membership for the grant of a negotiation licence) is hereby amended, in relation to applications for a negotiation licence made after the passing of this Act, by the substitution for “500” of “1,000”."
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 21)

  • Trade Union Act, 1941 (No. 22 of 1941). (s. 6)

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• 6.2.3 Procedures for the recognition of bargaining agents

  Legal provision:
  No provision found in legislation

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• 6.2.4 Negotiation with workers’ representatives in the absence of a trade union

  Legal provision: Collective agreements can be concluded between employers and workers representatives in an excepted body, as provided for in the TU Act 1941. There are many excepted bodies which are not trade unions.

  6."(1) It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence…
  (3) In this section the expression “excepted body” means any of the following bodies, that is to say:—
  (a) a body which carries on negotiations for the fixing of the wages or other conditions of employment of its own (but no other) employees,
  (b) a body which is registered under the next following sub-section of this section,
  (c) a civil service staff association recognised by the Minister for Finance,
  (d) an organization of teachers recognised by the Minister for Education,
  (e) the Agricultural Wages Board,
  (f) a trade board established under the Trade Board Acts, 1909 and 1918, and
  (g) a body in respect of which an order under sub-section (6) of this section is for the time being in force.
  (4) The Minister shall, for the purposes of this section, maintain a register and shall enter therein the name of any body which—
  (a) applies to the Minister for registration therein, and
  (b) accompanies its application by a fee of one pound, and
  (c) satisfies the Minister that—
  (i) it consists of persons who are usually employed in a particular form of work and are usually employed by the same employer, and
  (ii) it carries on negotiations for the fixing of wages or other conditions of employment with that employer only.
  (5) All fees under the immediately preceding sub-section of this section shall be collected and taken in such manner as the Minister for Finance directs, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister, and the Public Offices Fees Act, 1879, shall not apply in respect of any such fee.
  (6) The Minister may by order declare that this section shall not apply in respect of any particular body of persons.
  (7) The Minister may by order (which shall come into operation on a specified date not earlier than one month after it is made) revoke any order under the next preceding sub-section of this section..."
  NOTE: In practice, there are many excepted bodies that are not trade unions. The definition of an excepted body was at the heart of the Ryanair dispute in the Supreme Court a few years ago and is has been defined under Part 3 of the Industrial Relations (Amendment) Bill 2015. In practice excepted bodies can be bodies external to a company that are very like trade unions or internal company staff associations. The law does not stipulate that collective agreements with excepted bodies can only happen in certain instances.
  

  • Trade Union Act, 1941 (No. 22 of 1941). (s. 6)

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6.3 Legal effects of collective agreements

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• 6.3.1 The relationship between collective agreements and statutory provisions

  Legal provision:
  Labour legislation explicitly states that terms and conditions in a collective agreement will take precedence over statutory provisions when the agreement offers the worker better conditions of employment (ie. favourability principle).

  Protection of Employees (Temporary Agency Work) Act
  6. "(4)This section shall not operate to affect any arrangement provided for under an enactment, a collective agreement or otherwise whereby an agency worker is entitled to basic working and employment conditions that are better than the basic working and employment conditions to which he or she would be entitled under this section."
  

  Organization of Working Time Act
  4. "(4) Without prejudice to section 6, if—
  (a) a collective agreement that for the time being stands approved of by the Labour Court under section 24, or
  (b) a registered employment agreement-
  provides that section 11, 12 or 13 shall not apply in relation to the employees to whom the agreement for the time being has effect, or a specified class or classes of such employees, section 11, 12 or 13, as the case may be, shall not apply in relation to those employees or the said class or classes of such employees.”

  • Organisation of Working Time Act, 1997 (No. 20 of 1997). (s. 4)

  • Protection of Employees (Temporary Agency Work) Act 2012 (No. 13 of 2012). (s. 6)

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• 6.3.3 The relationship between collective agreements and individual employment contracts

  Legal provision:
  No provision found.

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6.4 Trade union security

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• 6.4.1 Types of union security clauses or agreements permitted

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  • 6.4.1.1 Closed shop agreements

    Legal provision:
    There are no provisions expressly allowing any of the special types of collective agreements. However, courts in Ireland have found that post-entry closed shop agreements are unconstitutional (as this would be coercion to join or not join a union once employed) but pre-entry closed shops are not unconstitutional as there can be no coercion if employees know recruitment conditions in advance. See Meskell v CIE [1973] IR 121.
    

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  • 6.4.1.2 Agency shop agreements

    Legal provision:
    No provision found in legislation.

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  • 6.4.1.3 Other

    Legal provision:
    Not applicable.

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6.5 Endorsement / ratification of draft collective agreements

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• 6.5.1 Rules for the endorsement or ratification of draft collective agreements by members of the signatory organizations

  Legal provision:
  No provision found.

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6.6 Observance / compliance

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• 6.6.1 Binding effect of collective agreements on signatory parties

  Legal provision:
  The IR Act regulates, inter alia, the registration of employment agreements by the Labour Court. The Court, when it is considering registering the agreement, is to have regard to whether "the agreement will be binding on all workers and employers in the sector in question" (section 27(3A). If the agreement is registered under section 27 of the Act, a trade union may complain to the Court if the other party "has failed or neglected to comply with the agreement" or the employers' organization may complain that a trade union is "in contravention of the agreement". The Court then has powers to remedy the situation (section 32).
  However, the Supreme Court of Ireland ruling in McGowan and others v The Labour Court, Ireland and the Attorney General invalidated these agreements, and as a result of this ruling and the Labour Court no longer had the jurisdiction to enforce, interpret or otherwise apply these agreements. However, existing contractual rights of workers in sectors covered by REAs are unaffected by the ruling. Furthermore, Section 8 of the Industrial Relations (Amendment) Act 2015 amends section 32 of the IR Act of 1946 and includes enforcement of new REAs through the civil courts. (see Section 5.10)
  

  • Industrial Relations Act, 1946 (No. 26 of 1946). (ss. 27(3A) & 32)

  • Industrial Relations (Amendment) Act, No. 27 of 2015 20151001 (s. 8(1))

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6.7 Duration

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• 6.7.1 Duration of a collective agreement

  Legal provision:
  No provision found in legislation.

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• 6.7.2 Validity / ultra-activity of collective agreements after expiration

  Legal provision:
  No provision found in legislation.

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6.8 Coverage

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• 6.8.1 Applicability of collective agreements to non-signatory parties in organized workplaces

  Legal provision:
  No provision found in legislation.

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6.9 Extension of collective agreements

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• 6.9.1 Procedures for the extension of collective agreements to non-signatory parties

  Legal provision:
  Under section 27(1) of the IR Act 1946, "any party to an employment agreement may apply to the Court to register the agreement in the register". The Court will then register the agreement if it is satisfied that certain criteria set out in subsections (3), (3A) and (3B). Once registered, a copy of the agreement is sent by the Court to the Minister who has the power to confirm, or not, the agreement (section 27(5A). If the Labour Court registers the agreement and the Minister confirms it, the registered agreement shall, "so long as it continues to be registered, apply, for the purposes of this section, to every worker of the class, type or group to which it is expressed to apply, and his employer, notwithstanding that such worker or employer is not a party to the agreement or would not, apart from this subsection, be bound thereby" (section 30(1)).

  NOTE: On the 9th of May, 2013 in McGowan and others v The Labour Court, Ireland and the Attorney General [2013] IESC 21, the Supreme Court of Ireland ruled that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution, which provides that the exclusive power to make laws is vested in the Oireachtas. The Supreme Court took the view that REAs are instruments having the status of laws made by private individuals, subject only to a limited power of veto by a subordinate body. While the Constitution allows for the limited delegation of law making functions, the provisions of the 1946 Act went beyond what is permissible under the Constitution.
  As a result of the ruling, all REA previously registered under Part III of the 1946 were invalidated and ceased to have effect immediately following the ruling.

  However, in October 2015, the Industrial Relations (Amendment) Act, which provides for the revival of a system of registered employment agreements was passed.

  
  

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• 6.9.2 Initiating party for the extension of collective agreements

  Legal provision: Social partners request the extension
  8. “(1) Any party to an employment agreement may apply to the Court to register the agreement in the Register of Employment Agreements.”
  

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• 6.9.3 Conditions for the extension of collective agreements

  Legal provision:
  8. “(2) An application to register an employment agreement shall be accompanied by—
  (a) a copy of the agreement, and
  (b) confirmation, in such form and accompanied by such documentation as the Court may specify, that the trade union of workers is, or trade unions of workers are, substantially representative of the workers in the class, type or group to which the agreement is expressed to apply.
  (3) Where an application is made to the Court to register an employment agreement in the Register of Employment Agreements, the Court shall, subject to this section, register the agreement if it is satisfied that—
  (a) there is agreement amongst all of the parties to the agreement that it should be registered,
  (b) the agreement is expressed to apply to all workers of a particular class, type or group and their employers and that it is normal and desirable practice or that it is expedient to have a separate agreement for that class, type or group,
  (c) the trade union of workers is, or trade unions of workers are, substantially representative of the workers to whom the agreement relates, and in satisfying itself in that regard the Court shall take into consideration the number of workers to whom the agreement relates represented by the trade union or trade unions specified in the agreement that are employed by the employer or employers specified in the agreement,
  (d) the agreement provides that if a trade dispute occurs between workers to whom the agreement relates and their employers, industrial action or a lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement,
  (e) the agreement specifies the circumstances in which a party or parties to the agreement may terminate the agreement,
  (f) registration of the agreement is likely to promote—
  (i) harmonious relations between the workers concerned and their employer, and
  (ii) the avoidance of industrial unrest, and
  (g) the agreement is in a form suitable for registration.
  (4) Where an application is made to the Court to register an employment agreement, the Court shall direct such parties to the agreement as the Court shall specify to publish specified particulars of the agreement in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned.
  (5) (a) The Court shall not register an employment agreement until at least 14 days after publication of particulars of the agreement in accordance with subsection (4).
  (b) If, within 14 days of publication of particulars of the agreement in accordance with subsection (4), the Court receives notice of an objection to the agreement being registered, the Court shall, unless it considers the objection frivolous, consider the objection and shall hear all parties appearing to the Court to be interested and desiring to be heard, and if, after such consideration, the Court is not satisfied that the agreement complies with the requirements specified in subsection (3), the Court shall refuse to register the agreement.
  (6) A registered employment agreement shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by or under this or any other Act.
  Register of Employment Agreements.”
  

  • Industrial Relations (Amendment) Act, No. 27 of 2015 20151001 (s. 8)

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• 6.9.4 Subject matters that are outside the scope of extension

  Legal provision:
  No provision found in legislation.

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• 6.9.5 Mechanisms for exemption from the binding effects of an extended collective agreement

  Legal provision:
  “A registered employment agreement may provide that an employer may apply to the Court under section 33A for an exemption from the obligation to pay the rate of remuneration provided by the agreement."

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 27(7))

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6.10 Procedural provisions / formalities

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• 6.10.1 Requirements for bargaining in good faith

  Legal provision:
  No provision found in legislation.

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• 6.10.2 Registration of collective agreements

  Legal provision:
  26. “The Court shall maintain a register to be known as the Register of Employment Agreements.
  27(1) “Any party to an employment agreement may apply to the Court to register the agreement in the register.
  (2) Every application to register an employment agreement shall be accompanied by—
  (a) a copy of the agreement, and
  (b) confirmation, in such form and accompanied by such documentation as the Court may specify, that the parties to the agreement are substantially representative of the workers and employers in the class, type or group to which the agreement is expressed to apply".
  

  • Redundancy Payments Act, 1967 (No. 21 of 1967). (s. 26 &27(1) & (2))

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• 6.10.3 Amendment of collective agreements

  Legal provision:
  Signatory parties to a Registered Employment Agreement may apply to a Court for a variation order:
  9. “Variation of registered employment agreements
  9(1) Subject to this section, a party to a registered employment agreement may apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.
  (2) Where all of the parties to the registered employment agreement agree to vary the agreement in the terms of the proposed application, the Court shall within 6 weeks of receipt of an application under subsection (1) consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard.
  (3) Not later than 4 weeks after considering an application under subsection (2) and where it is satisfied that it is appropriate to do so, having regard to the matters specified in subsection (3) of section 8, the Court shall, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.
  (4) Where a party to a registered employment agreement wishes to apply to the Court to vary the agreement, and one or more parties to the agreement does not agree with the proposed variation, a party to the agreement may invoke the dispute resolution procedures contained in the agreement.
  (5) Where the dispute resolution procedures have been invoked under subsection (4) and the parties to the registered employment agreement have failed to reach agreement, a party to the registered employment agreement may refer the dispute to the Workplace Relations Commission for conciliation.
  (6) Following a referral of a dispute to the Workplace Relations Commission under subsection (5), where the parties have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Act of 1990, the Commission shall request the Court to investigate the dispute.
  (7) On receipt of a report under subsection (6), the Court shall consider the request and shall hear all persons appearing to the Court to be interested and desiring to be heard, and the Court shall, within 6 weeks of receipt of the report, issue a recommendation to the parties to the registered employment agreement setting out its opinion on the merits of the dispute and the terms on which it should be settled.
  (8) Where, 6 weeks after the date on which a recommendation under subsection (7) has issued, the dispute has not been resolved, a party to the agreement may apply to the Court to vary the agreement in the terms of the Court’s recommendation.
  (9) The Court shall consider an application under subsection (8) and shall hear all persons appearing to the Court to be interested and desiring to be heard, and after such consideration, where it is satisfied that it is appropriate to do so having regard to the matters specified in subsection (3) of section 8 , the Court shall, within 6 weeks of receipt of the application, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.”
  

  • Industrial Relations (Amendment) Act, No. 27 of 2015 20151001 (s. 9)

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• 6.10.4 Other formalities for concluding collective agreements

  Legal provision:
  None found in legislation.

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6.11 Categories of workers excluded from collective bargaining

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• 6.11.1 Exclusions

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  • 6.11.1.1 Police / security forces

    Legal provision:
    No provision found in legislation.

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  • 6.11.1.2 Military (defence) forces

    Legal provision:
    No provision found in legislation.

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  • 6.11.1.3 Public / civil servants (Managerial and supervisory staff only)

    Legal provision:
    No provision found in legislation.

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  • 6.11.1.4 Others

    Legal provision:
    Not applicable.

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7.1 Conciliation / mediation of labour disputes

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• 7.1.1 Conciliation and mediation mechanisms for disputes arising out of industrial relations 

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  • 7.1.1.1 Voluntary mediation / conciliation

    Legal provision:
    IR Act
    "25(1) The Commission shall have general responsibility for promoting the improvement of industrial relations and shall—
    (a) provide a conciliation service;
    (b) provide an industrial relations advisory service;
    …
    (2) The Commission may at the request of one or more parties to a trade dispute or on its own initiative offer the parties its appropriate services with a view to bringing about a settlement.
    …
    (4) The Commission may, if it thinks fit, on request or on its own initiative, provide for employers, employers' associations, workers and trade unions such advice as it thinks appropriate on any matter concerned with industrial relations."

    "26(1) The Court shall not investigate a trade dispute unless—
    (a) subject to subsection (3), it receives a report from the Commission stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute, and
    (b) the parties to the dispute have requested the Court to investigate the dispute.
    ...
    (3) Notwithstanding subsection (1) (a), the Court may investigate a dispute if—
    (a) the Chairman of the Commission (or any member or officer of the Commission authorised by him) notifies the Court that in the circumstances specified in the notice the Commission waives its function of conciliation in the dispute, and
    (b) the parties to the dispute have requested the Court to investigate the dispute.
    (4) The foregoing provisions of this section shall not apply in relation to an investigation of a trade dispute by the Court instituted by it before the establishment of the Commission or an appeal to the Court in relation to a recommendation of a rights commissioner or of an equality officer.
    (5) Where the Court, following consultation with the Commission, is of opinion, in relation to a trade dispute which but for this subsection it would be precluded by virtue of subsection (1) from investigating, that there are exceptional circumstances which warrant it so doing, it may investigate the dispute."

    With respect to situations in which a dispute arises between employers and workers where negotiation arrangements are not in place and where collective bargaining does not take place, the CPVDRDO of 2004 sets out procedures for voluntary dispute resolution facilitated by the Labour Relations Commission.

    • Industrial Relations Act, 1990 (No. 19 of 1990). (ss. 25 & 26)

    • Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004).

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  • 7.1.1.2 Compulsory mediation / conciliation

    Legal provision:
    No provision found in legislation.

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• 7.1.2 Institutions and bodies with authority to provide mediation / conciliation services 

  Legal provision:
  Labour Relations Commission
  "24(1) There shall be a body to be known as the Labour Relations Commission to fulfil the functions assigned to it by this Act."
  "25.—(1) The Commission shall have general responsibility for promoting the improvement of industrial relations and shall—
  (a) provide a conciliation service;
  (b) provide an industrial relations advisory service;
  …(2) The Commission may at the request of one or more parties to a trade dispute or on its own initiative offer the parties its appropriate services with a view to bringing about a settlement.
  …(4) The Commission may, if it thinks fit, on request or on its own initiative, provide for employers, employers' associations, workers and trade unions such advice as it thinks appropriate on any matter concerned with industrial relations.
  …
  Fourth Schedule
  1. The Labour Relations Commission shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name.
  2. The chairman shall be appointed by the Minister after consultation with such organizations as the Minister considers to be representative of workers and of employers and shall be appointed for such period and on such terms and conditions as the Minister determines.
  3. Of the ordinary members of the Commission—
  (a) two shall be workers’ members;
  (b) two shall be employers’ members; and
  (c) two shall be nominated by the Minister."

  • Industrial Relations Act, 1990 (No. 19 of 1990). (ss. 24 ,25 & Fourth Schedule)

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7.2 Arbitration of labour disputes

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• 7.2.1 Arbitration mechanisms for collective disputes

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  • 7.2.1.1 Voluntary arbitration

    Legal provision:
    The IR Act, s. 70 provides "where a trade dispute has occurred or is apprehended, the Court, with the consent of all the parties concerned in the dispute, may refer the dispute to the arbitration of one or more persons (who shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines) or may itself arbitrate upon the dispute."
    The application of this section is not restricted by the Arbitration Act 2010 (1/2010).
    

    • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 70)

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  • 7.2.1.2 Other

    Legal provision:
    Not applicable.

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• 7.2.2 Institutions and bodies with authority to provide arbitration services

  Legal provision:
  Labour Court or selected individuals
  The IR Act, s. 70 provides "where a trade dispute has occurred or is apprehended, the Court, with the consent of all the parties concerned in the dispute, may refer the dispute to the arbitration of one or more persons (who shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines) or may itself arbitrate upon the dispute."
  The application of this section is not restricted by the Arbitration Act 2010 (1/2010).
  

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 70)

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• 7.2.3 Binding effect of arbitration awards

  Legal provision:
  No provision found in legislation.

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• 7.2.4 Appeals to the labour court for arbitration awards

  Legal provision:
  No information found in legislation.

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7.3 Modalities of strike action

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• 7.3.1 Advance notice and cooling-off period

  Legal provision:
  According to the IR Act, 1990, before a strike is held, the trade union in question is to organise a secret ballot and invite " all members whom it is reasonable at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action" (section 14(2)(a)). Section 14(2)(e) provides that "where the outcome of a secret ballot conducted by a trade union which is affiliated to the Irish Congress of Trade Unions or, in the case of ballots by more than one such trade union, an aggregate majority of all the votes cast, is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented unless the action has been sanctioned by the Irish Congress of Trade Unions."

  
  19. "Where a secret ballot has been held in accordance with the rules of a trade union as provided for in section 14, the outcome of which or, in the case of an aggregation of ballots, the outcome of the aggregated ballots, favours a strike or other industrial action and the trade union before engaging in the strike or other industrial action gives notice of not less than one week to the employer concerned of its intention to do so, that employer shall not be entitled to apply to any court for an injunction restraining the strike or other industrial action unless notice of the application has been given to the trade union and its members who are party to the trade dispute."

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 14(2)(e) &19)

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• 7.3.2 Exhaustion of dispute resolution procedures prior to strikes

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  • 7.3.2.1 Mediation / conciliation

    Legal provision:
    No provision found in legislation.

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  • 7.3.2.2 Voluntary arbitration

    Legal provision:
    No provision found in legislation.

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• 7.3.3 Strike ballots

  Legal provision:
  "14(1) This section shall come into operation two years after the passing of this Act (“the operative date”).
  (2) The rules of every trade union shall contain a provision that—
  (a) the union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action;
  (b) the union shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the union or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting;
  (c) the committee of management or other controlling authority of a trade union shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in paragraph (d), favour such strike or other industrial action;
  (d) the committee of management or other controlling authority of a trade union shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of its members voting in a secret ballot, except where, in the case of ballots by more than one trade union, an aggregate majority of all the votes cast, favours such strike or other industrial action;"
  

  • Industrial Relations Act, 1990 (No. 19 of 1990). (s. 14)

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7.4 Scope of strike action

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• 7.4.1 Purposes of the strike

  Legal provision:
  No provision found in legislation.

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• 7.4.2 Exclusions

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  • 7.4.2.1 Police / security forces

    Legal provision:
    No provision found in legislation.

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  • 7.4.2.2 Military (defence) forces

    Legal provision:
    No provision found in legislation.

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  • 7.4.2.3 Public / civil servants (managerial and supervisory staff only)

    Legal provision:
    No provision found in legislation.

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  • 7.4.2.4 Other

    Legal provision:
    Not applicable.

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• 7.4.3 Restrictions relating to public services, essential services or acute national crises

  Legal provision: The Code of Practice of 1992 provides guidelines for the settlement of industrial disputes, with particular emphasis on dispute settlement in essential services. It encourages those in essential services to either agree to arbitration settlements, postpone disputes and provide for settlement in the future by an agreed body, or accept recommendations or awards with provision to review the situation five years later. All of the options are to be adopted without resorting to industrial action, including strikes. Parties are encouraged to take all measures to avoid industrial disputes and are encouraged to consult with the Irish Congress of Trade Unions and the Federation of Irish Employers (or other bodies) about the situation. Rule 31 of the Code provides "the parties should recognise their joint responsibility to resolve disputes in such services and employments without resorting to strikes or other forms of industrial action."

  • Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order, 1992 (S.I. No. 1/1992). (s. V, Rules 31-33)

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• 7.4.4 Compensatory guarantees

  Legal provision:
  No provisions found in legislation.

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• 7.4.5 Minimum services

  Legal provision:
  20. “While the primary responsibility for the provision of minimum levels of services rests with managements this Code recognises that there is a joint obligation on employers and trade unions to have in place agreed contingency plans and other arrangements to deal with any emergency which may arise during an industrial dispute. Employers and trade unions should co-operate with the introduction of such plans and contingency arrangements. In particular, employers and trade unions in each employment providing an essential service should co-operate with each other in making arrangements concerning:
  (a) the maintenance of plant and equipment;
  (b) all matters concerning health, safety and security;
  (c) special operational problems which exist in continuous process industries—
  (d) the provision of urgent medical services and suppliers;
  (e) the provision of emergency services required on humanitarian grounds.

  21.” In the event of the parties encountering problems in making such arrangements they should seek the assistance of the Labour Relations Commission."
  

  • Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order, 1992 (S.I. No. 1/1992). (s. V, Rules 20 & 21)

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• 7.4.6 Restrictions on strikes during the term of a collective agreement

  Legal provision:
  Section 27 of the IR Act regulates procedures for the registration of employment agreements. One of the criteria that the Labour Court is to take into consideration before registering the agreement is whether or not the agreement contains a provision which only allows a strike or lock-out after the dispute has been submitted for settlement by negotiation in the manner set out in the agreement. Section 27(3)(e) provides "where an application is duly made to the Court to register in the register an employment agreement, the Court shall, subject to the provisions of this section, register the agreement in the register if it is satisfied…(e) that the agreement provides that if a trade dispute occurs between workers to whom the agreement relates and their employers a strike or lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement."

  • Industrial Relations Act, 1946 (No. 26 of 1946). (s. 26(3)(e))

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• 7.4.7 Picketing, occupation of the workplace and prohibition of violence

  Legal provision:
  While the IR act does not ban picketing, it does place certain restrictions on picketing. Section 11(2) provides "it shall be lawful for one or more persons acting on their own behalf or on behalf of a trade union in contemplation or furtherance of a trade dispute, to attend at, or where that is not practicable, at the approaches to, a place where an employer who is not a party to the trade dispute works or carries on business if, but only if, it is reasonable for those who are so attending to believe at the commencement of their attendance and throughout the continuance of their attendance that that employer has directly assisted their employer who is a party to the trade dispute for the purpose of frustrating the strike or other industrial action, provided that such attendance is merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working."

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• 7.4.8 Requisitioning of strikers and hiring of replacement workers

  Legal provision:
  No provision found in legislation.

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• 7.4.9 Sanctions for unlawful strikes

  Legal provision:
  Civil sanctions
  12.”An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that—
  (a) it induces some other person to break a contract of employment, or
  (b) it consists of a threat by a person to induce some other person to break a contract of employment or a threat by a person to break his own contract of employment, or
  (c) it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.”

  13(1)” An action against a trade union, whether of workers or employers, or its trustees or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act committed by or on behalf of the trade union in contemplation or furtherance of a trade dispute, shall not be entertained by any court.
  (2) In an action against any trade union or person referred to in subsection (1) in respect of any tortious act alleged or found to have been committed by or on behalf of a trade union it shall be a defence that the act was done in the reasonable belief that it was done in contemplation or furtherance of a trade dispute.”

  17(1) “Sections 10 , 11 and 12 shall not apply in respect of proceedings arising out of or relating to a strike or other industrial action by a trade union or a group of workers in disregard of or contrary to, the outcome of a secret ballot relating to the issue or issues involved in the dispute.”

  19(1) “Where a secret ballot has been held in accordance with the rules of a trade union as provided for in section 14, the outcome of which or, in the case of an aggregation of ballots, the outcome of the aggregated ballots, favours a strike or other industrial action and the trade union before engaging in the strike or other industrial action gives notice of not less than one week to the employer concerned of its intention to do so, that employer shall not be entitled to apply to any court for an injunction restraining the strike or other industrial action unless notice of the application has been given to the trade union and its members who are party to the trade dispute.
  (2) Where a secret ballot has been held in accordance with the rules of a trade union as provided for in section 14 , the outcome of which or, in the case of an aggregation of ballots, the outcome of the aggregated ballots, favours a strike or other industrial action and the trade union before engaging in the strike or other industrial action gives notice of not less than one week to the employer concerned of its intention to do so, a court shall not grant an injunction restraining the strike or other industrial action where the respondent establishes a fair case that he was acting in contemplation or furtherance of a trade dispute.
  (3) Notice as provided for in subsection (1) may be given to the members of a trade union by referring such members to a document containing the notice which the members have reasonable opportunity of reading during the course of their employment or which is reasonably accessible to them in some other way.
  (4) Subsections (1) and (2) do not apply—
  (a) in respect of proceedings arising out of or relating to unlawfully entering into or remaining upon any property belonging to another, or unlawfully causing damage or causing or permitting damage to be caused to the property of another, or
  (b) in respect of proceedings arising out of or relating to any action resulting or likely to result in death or personal injury.
  (5) Where two or more secret ballots have been held in relation to a dispute, the ballot referred to in subsections (1) and (2) shall be the last such ballot."
  

  • Industrial Relations Act, 1946 (No. 26 of 1946). (ss. 12, 13, 17 & 19)

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7.5 Lockout