Industrial relations act, 1990

• Act Number: 19
• Enactment Date: 18 July 1990

Number 19 of 1990
INDUSTRIAL RELATIONS ACT, 1990
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title. 2. Collective citations and construction. 3. Interpretation. 4. Increase of fines. 5. Summary proceedings for an offence. 6. Expenses. 7. Repeals.
PART II
Trade Union Law
Trade Disputes
8. Definitions for Part II. 9. Application of provisions of Part II. 10. Acts in contemplation or furtherance of trade dispute. 11. Peaceful picketing. 12. Removal of liability for certain acts. 13. Restriction of actions of tort against trade unions. 14. Secret ballots. 15. Power to alter rules of trade unions. 16. Enforcement of rule for secret ballot. 17. Actions contrary to outcome of secret ballot. 18. Non-application of sections 14 to 17 to employers' unions. 19. Restriction of right to injunction.
Amendment of Trade Union Acts, 1941, 1971 and 1975
20. Change of deposit consequent on change in number of members. 21. Amendment of section 2 of Trade Union Act, 1971. 22. Amalgamations and transfers.
PART III
Industrial Relations Generally
23. “Worker”.
The Labour Court and the Labour Relations Commission
24. Establishment of the Commission. 25. Functions of the Commission. 26. Investigation of dispute by Court. 27. Procedure of the Commission. 28. The chief executive. 29. Superannuation and gratuities for and in respect of the chief executive of the Commission. 30. Grants to the Commission and power to borrow. 31. Accounts and audits. 32. Staff of the Commission. 33. Industrial relations officers and advisory service. 34. Rights commissioners. 35. The Rights Commissioner Service. 36. Objections and appeals. 37. Equality officers. 38. Reference of dispute by Minister. 39. Review of joint labour committees. 40. Superannuation and gratuities for and in respect of chairman, deputy chairmen and ordinary members of the Court. 41. Divisions of Court.
Codes of Practice
42. Codes of practice. 43. Functions of Labour Court relating to codes of practice.
Joint Labour Committees
44. Constitution and proceedings of joint labour committees. 45. Making of establishment orders. 46. Exclusion from scope of joint labour committee. 47. Report for assistance of joint labour committee. 48. Proposals for employment regulation order. 49. Enforcement of employment regulation order by inspector by civil proceedings. 50. Amendment of section 52 (2) (d) of Industrial Relations Act, 1946.
Registered Employment Agreements
51. Records. 52. Powers of inspection for enforcement of registered employment agreement. 53. Proof of registered employment agreement and related matters. 54. Enforcement of registered employment agreement by inspector by civil proceedings. 55. Amendment of section 12 (2) (d) of Industrial Relations Act, 1969.
Failure to Attend Sitting of Court
56. Evidence of failure to attend sitting of Court.
FIRST SCHEDULE
Increase of Fines
SECOND SCHEDULE
Repeals
THIRD SCHEDULE
Deposits
FOURTH SCHEDULE
Labour Relations Commission
FIFTH SCHEDULE
Constitution and Proceedings of Joint Labour Committees
Acts Referred to Anti-Discrimination (Pay) Act, 1974 1974, No. 15 Civil Service Commissioners Act, 1956 1956; No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Conspiracy, and Protection of Property Act, 1875 1875, c. 86 Employment Equality Act, 1977 1977, No. 16 Industrial Relations Act, 1946 1946, No. 26 Industrial Relations Act, 1969 1969, No. 14 Industrial Relations Act, 1976 1976, No. 15 Interpretation Act, 1937 1937, No. 38 Maternity Protection of Employees Act, 1981 1981, No. 2 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Trade Disputes Act, 1906 1906, c. 47 Trade Disputes (Amendment) Act, 1982 1982, No. 15 Trade Union Act, 1871 1871, c. 31 Trade Union Act, 1941 1941, No. 22 Trade Union Act, 1971 1971, No. 33 Trade Union Act, 1975 1975, No. 4 Unfair Dismissals Act, 1977 1977, No. 10
Number 19 of 1990
INDUSTRIAL RELATIONS ACT, 1990
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND EMPLOYERS, AND TO AMEND THE LAW RELATING TO TRADE UNIONS AND FOR THESE AND OTHER PURPOSES TO AMEND THE INDUSTRIAL RELATIONS ACTS, 1946 TO 1976, AND THE TRADE UNION ACTS, 1871 TO 1982. [18th July, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary
	Short title.	1.—This Act may be cited as the Industrial Relations Act, 1990.
	Collective citations and construction.	2.—(1) This Act (other than Part II ) and the Industrial Relations Acts, 1946 to 1976, may be cited together as the Industrial Relations Acts, 1946 to 1990, and shall be construed together as one Act.
	(2) Part II of this Act and the Trade Union Acts, 1871 to 1982, may be cited together as the Trade Union Acts, 1871 to 1990, and shall be construed together as one Act.
	Interpretation.	3.—(1) In this Act—
	“the Minister” means the Minister for Labour;
	“the Court” means the Labour Court;
	“the Commission” means the Labour Relations Commission established by section 24 .
	(2) In this Act—
	(a) a reference to a Part or section is to a Part or section of this Act unless it is indicated that a reference to some other enactment is intended;
	(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended; and
	(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
	(3) In any enactment other than this Act, a reference to the Trade Disputes Act, 1906 (repealed by this Act) or to any provision thereof shall, without prejudice to section 20 (1) of the Interpretation Act, 1937 , be construed as a reference to any relevant provision of Part II of this Act.
	Increase of fines.	4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.
	(2) Where it is provided in the First Schedule to this Act at any reference number that a person shall be liable to a daily default fine, he shall be guilty of contravening the relevant enactment on every day on which the contravention continues after conviction of the original contravention and for each such offence he shall be liable to a fine not exceeding the amount specified at that reference number instead of the fine specified for the original contravention.
	(3) The provisions of this section shall not apply to any offence committed before the passing of this Act.
	Summary proceedings for an offence.	5.—Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under the Industrial Relations Acts, 1946 to 1990, may be instituted within one year from the date of the offence.
	Expenses.	6.—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 by the Oireachtas.
	Repeals.	7.—The enactments referred to in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
PART II Trade Union Law
Trade Disputes
	Definitions for Part II .	8.—In this Part, save where the context otherwise requires—
	“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;
	“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;
	“trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941 ;
	“worker” means 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;
	“industrial action” means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding 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;
	“strike” means a 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.
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