Industrial Relations (Amendment) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 21/2019
• Year: 2019

Number 21 of 2019
INDUSTRIAL RELATIONS (AMENDMENT) ACT 2019
CONTENTS
1. Definition
2. Amendment of section 3 of Act of 1990
3. Amendment of section 23 of Act of 1990
4. Enactments to which section 23(1A) and 23(1B) of Act of 1990 shall not apply to members of the Garda Síochána
5. Short title, collective citation and commencement
Acts Referred to
Garda Síochána Act 2005 (No. 20)
Industrial Relations (Amendment) Act 2001 (No. 11)
Industrial Relations (Amendment) Act 2012 (No. 32)
Industrial Relations (Amendment) Act 2015 (No. 27)
Industrial Relations (Miscellaneous Provisions) Act 2004 (No. 4)
Industrial Relations Act 1946 (No. 26)
Industrial Relations Act 1976 (No. 15)
Industrial Relations Act 1990 (No. 19)
Industrial Relations Acts 1946 to 2015
Trade Union Acts 1871 to 1990
Number 21 of 2019
INDUSTRIAL RELATIONS (AMENDMENT) ACT 2019
An Act to amend the Industrial Relations Act 1990 in order to provide for the application of certain provisions of the Industrial Relations Acts 1946 to 2015 to certain members of the Garda Síochána; and to provide for related matters.
[7th July, 2019]
Be it enacted by the Oireachtas as follows:
		Definition
1. In this Act, “Act of 1990” means the Industrial Relations Act 1990 .
		Amendment of section 3 of Act of 1990
2. Section 3 of the Act of 1990 is amended, in subsection (1), by the insertion of the following definitions:
	“ ‘Act of 2005’ means the Garda Síochána Act 2005 ;
	‘Garda Commissioner’ has the same meaning as it has in the Act of 2005;
	‘Garda Síochána’ means the police service referred to in section 6 of the Act of 2005;
	‘member’, in relation to the Garda Síochána, has the same meaning as it has in the Act of 2005, but does not include—
	(a) the Garda Commissioner, or
	(b) a reserve member within the meaning of the Act of 2005;”.
		Amendment of section 23 of Act of 1990
3. Section 23 of the Act of 1990 is amended—
	(a) in subsection (1), by the insertion of “a member of the Garda Síochána referred to in subsection (1A) and” after “means”, and
	(b) by the insertion of the following subsections after subsection (1):
	“(1A) For the purposes of subsection (1) and subject to subsections (1B), (1C) and (1D), the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member of the Garda Síochána.
	(1B) Subject to subsections (1C) and (1D), for the purposes of subsections (1) and (1A), references to all or any of the following, in relation to a member of the Garda Síochána, shall be construed as follows:
	(a) a reference to an employer shall be read as a reference to the Garda Commissioner;
	(b) a reference to a—
	(i) contract of employment,
	(ii) contract with an employer,
	(iii) employment contract, or
	(iv) any similar term,
	shall be read as a reference to any enactment, Garda code, instrument, decision, circular, instruction, any other document or any combination thereof that provides for or specifies the terms and conditions on which that member of the Garda Síochána serves;
	(c) a reference to a trade union shall be read as a reference to an association established under and in accordance with section 18 of the Act of 2005;
	(d) a reference to an employer organisation, a trade union of employers or an employer association shall be read as a reference to the Garda Commissioner;
	(e) without prejudice to section 3 of the Industrial Relations Act 1946 , a reference to a trade dispute shall be read as a reference to any dispute or difference between members of the Garda Síochána and the Garda Commissioner that is connected with the appointment or non-appointment of any such member, or with the terms and conditions...