Industrial relations act, 1946

• Enactment Date: 27 August 1946
• Act Number: 26

Number 26 of 1946.
INDUSTRIAL RELATIONS ACT, 1946.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Commencement. 3. Definitions generally. 4. “worker”. 5. Regulations. 6. Laying of regulations before Houses of the Oireachtas. 7. Prosecutions by the Minister. 8. Repeals. 9. Expenses.
PART II.
The Labour Court.
10. Establishment of the Labour Court. 11. Divisions of the Court. 12. 13. Registrar and officers and servants of the Court. 14. Technical assessors. 15. Places for sittings of the Court and lodgment of documents. 16. Conciliation officers. 17. Finality of decisions of the Court. 18. Seal of the Court. 19. Proof of orders of the Court. 20. Procedure of the Court. 21. Power of Court to summon witnesses, etc. 22. Prohibition on disclosure of information. 23. Reports, etc., by Court. 24. Duty of Court to consider certain matters with regard to employment conditions referred to it by the Minister.
PART III.
Agreements Relating to Wages and Conditions of Employment.
25. Definitions for purposes of Part III. 26. Register of Employment Agreements. 27. Registration of employment agreements. 28. Variation of registered employment agreement. 29. Cancellation of registration. 30. Adaptation of contracts of service consequential upon registration of employment agreement. 31. Publication of particulars in relation to employment agreements and right to obtain copies thereof. 32. Breaches of registered employment agreements. 33. Interpretation of registered employment agreements.
PART IV.
Regulation by the Court of Remuneration and Conditions of Employment of Certain Workers.
Definitions.
34. Definitions for purposes of Part IV.
Joint Labour Committees.
35. Power of the Court to establish joint labour committees. 36. Applications for establishment orders. 37. Restrictions on making establishment orders. 38. Inquiry into application for an establishment order. 39. Making of establishment orders. 40. Revocation and variation of establishment orders. 41. Constitution, officers and proceedings of joint labour committees.
Employment Regulation Orders.
42. Proposals by joint labour committees in relation to remuneration and conditions of employment. 43. Making of employment regulation orders. 44. Adaptation of contracts of service consequential upon employment regulation orders. 45. Enforcement of employment regulation orders. 46. Permits authorising employment of infirm and incapacitated persons at less than the statutory minimum remuneration. 47. Computation of remuneration. 48. Employers not to receive premiums from apprentices or learners. 49. Records and notices. 50. Criminal liability of agent and superior employer and special defence open to employer. 51. Inspectors. 52. Powers of inspectors.
Provisions in relation to trade boards.
53. Existing trade boards to become joint labour committees. 54. Existing orders under the Trade Boards Acts, 1909 and 1918. 55. Pending notices of proposals varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918. 56. Adaptation of references to trade boards.
Determination of certain questions.
57. Determination of certain questions.
Standard wages for areas.
58. Standard wages for areas.
PART V.
Registered Joint Industrial Councils.
59. Definitions for purposes of Part V. 60. Register of Joint Industrial Councils. 61. Registration of joint industrial councils. 62. Cancellation of registration. 63. Inspection of rules of registered joint industrial council. 64. Appointment of chairman and secretary of a joint industrial council. 65. Registered joint industrial council to be a body in respect of which section 3 of the Trade Union Act, 1942, is applicable.
PART VI.
Trade Disputes.
66. “Worker” for the purposes of Part VI. 67. Power of Court to investigate trade dispute. 68. Recommendation by Court on trade dispute. 69. Mediation in trade dispute by conciliation officer. 70. Reference of trade dispute to arbitration. 71. Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto. 72. Effect of awards under section 71.
PART VII.
Transitory Provisions in Relation to Wages (Standard Rate) Orders and Bonus Orders under Emergency Powers (No. 166) Order, 1942, and Emergency Powers (No. 260) Order, 1943.
73. Definitions for purposes of Part VII. 74. Duration of Part VII. 75. Restriction on operation of Part VII. 76. Recording of wages (standard rate) orders and bonus orders. 77. Court wages order. 78. Effect of recording of orders. 79. Applications for variation of recorded wages (standard rate) orders and bonus orders. 80. Cancellation of recording of wages (standard rate) order and bonus order. 81. Publication of particulars. 82. Determination or certain questions.
FIRST SCHEDULE.
SECOND SCHEDULE.
Acts Referred to Trade Union Act, 1941 No. 22 of 1941 Electricity Supply Board (Superannuation) Act, 1942 No. 17 of 1942 Agricultural Wages Act, 1936 No. 53 of 1936 Documentary Evidence Act, 1925 No. 24 of 1925 Trade Union Act, 1942 No. 23 of 1942
Number 26 of 1946.
INDUSTRIAL RELATIONS ACT, 1946.
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND THEIR EMPLOYERS AND FOR THIS PURPOSE TO ESTABLISH MACHINERY FOR REGULATING RATES OF REMUNERATION AND CONDITIONS OF EMPLOYMENT AND FOR THE PREVENTION AND SETTLEMENT OF TRADE DISPUTES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th August, 1946.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Industrial Relations Act, 1946.
	Commencement.	2.—This Act shall come into operation on the day appointed for the purpose by order of the Minister.
	Definitions generally.	3.—In this Act—
	the expression “the Court” means the Labour Court;
	the expression “the Minister” means the Minister for Industry and Commerce;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act;
	the expression “registered joint industrial council” has the meaning given to it by section 59 of this Act;
	the expression “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;
	the expression “trade union” means a trade union which is the holder of a negotiation licence granted under the Trade Union Act, 1941 (No. 22 of 1941).
	“worker”.	4.—(1) In this Act (except Part VI) the word “worker” means any person of the age of fourteen years or upwards who has entered into or works under a contract with an employer whether the contract be for manual labour, clerical work, or otherwise, 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, other than—
	(a) a person who is employed by or under the State, or
	(b) a teacher in a secondary school, or
	(c) a teacher in a national school, or
	(d) a person who is employed by a local authority in any office or employment, or
	(e) an officer or servant of a vocational education committee, or
	(f) an officer or servant of a committee of agriculture, or
	(g) an officer of a school attendance committee, or
	(h) an agricultural worker, within the meaning of the Agricultural Wages Act, 1936 (No. 53 of 1936).
	(2) For the purposes of this section, each of the following bodies (whether corporate or unincorporated) shall be a local authority—
	(a) a council of a county, a corporation of a county or other borough, a council of an urban district, a public assistance authority, the commissioners of a town, a port sanitary authority,
	(b) a committee or joint committee or board or joint board appointed (whether before or after the passing of this Act) by or under statute to perform the functions or any of the functions of one or more of the bodies mentioned in paragraph (a) of this subsection, and
	(c) a committee or joint committee or board or joint board, of or appointed by one or more of the bodies mentioned in paragraphs (a) and (b) of this subsection, but not including a vocational education committee, a committee of agriculture, or a school attendance committee.
	Regulations.	5.—The Minister may make regulations in relation to anything referred to in this Act as prescribed.
	Laying of regulations before Houses of the Oireachtas.	6.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House, within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity...