INDUSTRIAL RELATIONS ACT, 1990 (1990_act_19) | IE

ISB Act 1990-07-18

Schedule 1 INDUSTRIAL RELATIONS ACT, 1990 Open official source

FIRST SCHEDULE Increase of Fines

Increase of Fines

Section 4.

Ref No.

Section

Fine

(1)

(2)

(3)

TRADE UNION ACT, 1871

1

15

£200 per day.

2

16

£500, in lieu of five pounds.

£1,000, in lieu of fifty pounds.

TRADE UNION ACT, 1941

3

6(2)

£1,000 and a daily default fine of £200.

4

12(2)

£100 and a daily default fine of £10.

5

13(2)

£100 and a daily default fine of £10.

INDUSTRIAL RELATIONS ACT, 1946

6

21(3)

£200.

7

32(4)

£1,000 and a daily default fine of £200.

8

45(1)

£750.

9

45(3) (a)

£750.

10

48(2)

£750.

11

49(3)

£500.

12

52(2)

£500.

13

52(3)

£1,000.

14

72(b)

£1,000.

INDUSTRIAL RELATIONS ACT, 1969

15

10(2)

£1,000 and a daily default fine of £200.

16

10(3)

£1,000 and a daily default fine of £200.

17

12(2)

£500.

TRADE UNION ACT, 1975

18

Section 10 (8)

Schedule,

£200.

Paragraph 3 (1)

ISB Act 1990-07-18

Schedule 2 INDUSTRIAL RELATIONS ACT, 1990 Open official source

SECOND SCHEDULE Repeals

Repeals

Section 7.

Session and Chapter or Number and Year

Short title

Extent of Repeal

38 & 39 Vict., c. 86

The Conspiracy, and Protection of Property Act, 1875

In section 3, the first paragraph, and the paragraph inserted by 6 Edw. 7, c. 47, section 1.

6 Edw. 7, c. 47

Trade Disputes Act, 1906

The whole Act.

No. 22 of 1941

Trade Union Act, 1941

Section 11

Section 15.

No. 26 of 1946

Industrial Relations Act, 1946

Section 4

Section 23 (2)

Section 41

Section 43 (1)

Section 64

Sections 67, 69, 71 and 72

Second Schedule.

No. 14 of 1969

Industrial Relations Act, 1969

Section 6

In section 10 (3) all words from “shall be liable on conviction” to “one hundred pounds and”

Section 11

Section 17

Section 18.

No. 33 of 1971

Trade Union Act, 1971

Section 2 (3).

No. 15 of 1976

Industrial Relations Act, 1976

Section 2

Section 5.

No. 15 of 1982

Trade Disputes (Amendment) Act, 1982

The whole Act.

ISB Act 1990-07-18

Schedule 3 INDUSTRIAL RELATIONS ACT, 1990 Open official source

THIRD SCHEDULE Deposits

Deposits

Section 21.

1. Where the number of members does not exceed 2,000, the deposit shall be £20,000.

2. Where the number of members exceeds 2,000 but does not exceed 5,000, the deposit shall be £20,000 together with £800 for each additional 300 members (or part of 300 members) in excess of 2,000 members.

3. Where the number of members exceeds 5,000 but does not exceed 10,000, the deposit shall be £28,000 together with £800 for each additional 500 members (or part of 500 members) in excess of 5,000 members.

4. Where the number of members exceeds 10,000 but does not exceed 20,000, the deposit shall be £36,000 together with £800 for each additional 1,000 members (or part of 1,000 members) in excess of 10,000 members.

5. Where the number of members exceeds 20,000 the deposit shall be £44,000 together with £800 for each additional 1,000 members (or part of 1,000 members) in excess of 20,000 members, but subject to an overriding maximum of £60,000.

ISB Act 1990-07-18

Schedule 4 INDUSTRIAL RELATIONS ACT, 1990 Open official source

FOURTH SCHEDULE Labour Relations Commission

Labour Relations Commission

Section 24.

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 organisations 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.

4. The workers' members shall be the persons nominated for appointment by the Minister by such organisation or organisations as the Minister determines to be representative of trade unions of workers.

5. The employers' members shall be the persons nominated for appointment by the Minister by such organisation or organisations as the Minister determines to be representative of employers.

6. Each ordinary member shall be a part-time member of the Commission and shall be appointed on such terms and conditions as the Minister determines.

7. The chairman and each ordinary member may be paid, out of moneys provided by the Oireachtas, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

8. The chairman or an ordinary member may resign his office by letter addressed to the Minister.

9. The Minister may remove the chairman or an ordinary member from office for stated reasons.

10. (1) Where the chairman or an ordinary member of the Commission is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the European Parliament he shall thereupon cease to hold office.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming the chairman or an ordinary member of the Commission.

11. The seal of the Commission shall be authenticated by the signature of the chairman or an ordinary member authorised by the Commission to act in that behalf and the signature of an officer of the Commission authorised by the Commission to act in that behalf.

12. Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by the Commission and to be sealed with the seal (purporting to be authenticated in accordance with paragraph 11) of the Commission shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

ISB Act 1990-07-18

Schedule 5 INDUSTRIAL RELATIONS ACT, 1990 Open official source

FIFTH SCHEDULE Constitution and Proceedings of Joint Labour Committees

Constitution and Proceedings of Joint Labour Committees

Section 44.

1. In this Schedule—

“committee” means a joint labour committee;

“the Acts” means the Industrial Relations Acts, 1946 to 1990.

2. (1) Subject to paragraph 3, a committee shall consist of—

(a) one member (in this Schedule referred to as the independent member) appointed by the Minister and chosen as being an independent person, who shall be chairman of the committee, and

(b) members (in this Schedule referred to as representative members) appointed by the Court being—

(i) such number as the Court thinks fit of persons (in this Schedule referred to as representative (employers) members) who, in the opinion of the Court, represent employers in relation to whom the committee is to operate, and

(ii) an equal number of persons (in this Schedule referred to as representative (workers) members) who, in the opinion of the Court, represent workers in relation to whom the committee is to operate.

(2) Before appointing a representative member of a committee the Court shall, so far as is reasonably practicable, consult any organisation of employers or, as the case may be, workers concerned.

(3) The Minister shall appoint an independent person who shall act as independent member and chairman in the absence of the chairman and references in the Acts to an independent member or the chairman shall include references to a person so acting.

(4) The independent member of a committee shall hold office during the pleasure of the Minister.

(5) Where a representative member of a committee ceases, in the opinion of the Court, to be representative of the employers or, as the case may be, workers whom he was appointed to represent, the Court shall determine his membership.

(6) The Court may, in its discretion, determine the membership of any representative member of a committee.

(7) Where the membership of any representative member of a committee is determined, such member shall cease to be a member of the committee.

3. In the case of the joint labour committee for agricultural workers established under section 4 of the Industrial Relations Act, 1976—

(a) the independent member shall be appointed by the Minister with the consent of the Minister for Agriculture and Food;

(b) the representative (employers) members of the committee shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural employers as the Minister thinks fit and with the consent of the Minister for Agriculture and Food;

(c) the representative (workers) members of the committee (to a number equal to the number of representative (employers) members) shall be appointed by the Court from a panel prepared and presented to the Court by the Minister after consultation with such organisation or organisations representative of agricultural workers as the Minister thinks fit and with the consent of the Minister for Agriculture and Food;

(d) paragraph 2 (2) shall not apply.

4. The proceedings of a committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.

5. In order to constitute a meeting of a committee the independent member and at least one-third of the whole number of the representative members must be present.

6. (1) Subject to the provisions of this paragraph, every member of a committee shall have one vote.

(2) If at any meeting of a committee the group of representative (employers) members present does not equal in number the group of representative (workers) members present—

(a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,

(b) if no such arrangement is made, the chairman of the committee may adjourn the voting on any question to another meeting of the committee.

7. (1) A committee shall meet at such places and times as it may from time to time determine to be suitable for the discharge of its functions and may adjourn any of its meetings.

(2) A committee shall, save as otherwise provided by the Acts, adopt such procedure at its meetings and otherwise, as it may determine to be suitable for the discharge of its functions.

8. (1) A committee, with the consent of the Court, may appoint sub-committees to assist it.

(2) A sub-committee of a committee may consist of members of the committee and such other persons as the committee with the concurrence of the Court may appoint.

(3) A district trade committee established under the Trade Boards Acts, 1909 and 1918, established by a committee when it was a trade board shall be deemed to be a sub-committee appointed by the committee under subparagraph (1) of this paragraph.

9. Members of a committee or of a sub-committee, may be paid such remuneration and allowances (including compensation for loss of time) as the Minister, with the consent of the Minister for Finance, may determine.

10. In the case of each joint labour committee existing at the passing of this Act, the independent members shall be entitled to continue in office until the appointment of the independent member of that committee under paragraph 2 (1) (a) or 3, as the case may require.

INDUSTRIAL RELATIONS ACT, 1990

Statutory Text (5 Articles)

Need to analyze how this provision applies to your matter?