lrc_1946_act_26

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INDUSTRIAL RELATIONS ACT 1946 REVISED Updated to 18 December 2025 (LRC Revised) Open official source

Number 26 of 1946

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 18 December 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Industrial Relations Act 1946

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Employment (Contractual Retirement Ages) Act 2025

(16/2025), enacted 16 December 2025, and all statutory

instruments up to and including the

Registered Employment Agreement (Veterinary Ireland) Variation Order 2025

(S.I. No. 655 of 2025), made 18 December 2025, were considered in the preparation

of this

Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

1946.

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 18 December 2025

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Short title.

Commencement.

Definitions generally.

“worker”.

(Repealed)

Regulations.

Laying of regulations before Houses of the Oireachtas.

Prosecutions by the Minister.

Repeals.

Expenses.

PART II.

The Labour Court.

10.

Establishment of the Labour Court.

11.

Divisions of the Court.

(Repealed)

12.

Deputy chairman.

(Repealed)

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.

(Repealed)

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.

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.

33A.

Exemption from obligation to pay rate of remuneration provided by registered employment

agreement.

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.

(Repealed)

41A.

Review of joint labour committees.

Employment Regulation Orders

42.

Proposals by joint labour committees in relation to remuneration and conditions of

employment.

42A.

Proposals by joint labour committees in relation to remuneration and conditions of

employment.

42B.

Proposals by joint labour committee for employment regulation orders.

42C.

Making of employment regulation orders.

43.

Making of employment regulation orders.

44.

Adaptation of contracts of service consequential upon employment regulation orders.

45.

Enforcement of employment regulation orders.

45A.

[Decision of adjudication officer under

section 41

of Workplace Relations Act 2015]

45B.

[Decision of Labour Court on appeal from decision referred to in section 45A]

45C.

Enforcement of determinations

of Labour Court.

(Repealed)

45D.

Provisions relating to winding

up and bankruptcy.

(Repealed)

45E.

References to rights

commissioner by Minister.

(Repealed)

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.

48A.

Exemption from obligation to pay statutory minimum remuneration.

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.

(Repealed)

PART V.

Registered Joint Industrial Councils.

59.

Definitions for purposes of Part V.

60.

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.

(Repealed)

67.

Power of Court to investigate

trade dispute.

(Repealed)

68.

Recommendation by Court on trade dispute.

69.

Mediation in trade dispute by

conciliation officer.

(Repealed)

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.

(Repealed)

72.

Effect of awards under section

71.

(Repealed)

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.

(Repealed)

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

1946.

INDUSTRIAL RELATIONS ACT 1946

REVISED

Updated to 18 December 2025

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. [27

th August

, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text)

Application of collectively cited

Industrial Relations Acts

extended by

Industrial Relations Act 1990

(19/1990), s. 23(1A), as inserted (1.02.2020) by

Industrial Relations (Amendment) Act 2019

(21/2019), s. 3, S.I. No. 24 of 2020.

“worker”

23.

—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means

[

a member of the Garda Síochána referred to in subsection (1A) and

]

any person aged 15 years or more who has entered into or works under

[

(or, where the employment has ceased, worked 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—

...

[

(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.

...

]

Application of collectively cited

Industrial Relations Acts 1946 to 2012

restricted by

Unfair Dismissals Act 1977

(10/1977), s. 8(10); as substituted (1.10.2015) by

National Minimum Wage (Low Pay Commission) Act 2015

(22/2015), s. 14(1), commenced by S.I. No. 410 of 2015 as per subs. (4).

Determination of claims for unfair dismissal.

— ...

[

(10) (

) A

dispute relating to a dismissal shall not be referred to an adjudication officer

under the Industrial Relations Acts 1946 to 2012 if, in relation to the

dismissal—

(i) a recommendation has been made by a rights commissioner under this Act, or a hearing

by the Tribunal under this Act has commenced,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned)

has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2)

of section 8A affirming a decision (consisting of a dismissal of the claim concerned)

of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection

(2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7.

]

...

Application of collectively cited

Industrial Relations Acts

restricted (31.05.2001) by

Industrial Relations (Amendment) Act 2001

(11/2001), s. 2(1), S.I. No. 232 of 2001, as amended (6.04.2004) by

Industrial Relations (Miscellaneous Provisions) Act 2004

(4/2004), s. 2, S.I. No. 138 of 2004.

Investigation of dispute by

Court.

—(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990,

at the request of a trade union or excepted body, the Court may investigate a trade

dispute where the Court is satisfied that—

[

(

) it is not the practice of the employer to engage in collective bargaining negotiations

in respect of the grade, group or category of workers who are party to the trade dispute

and the internal dispute resolution procedures (if any) normally used by the parties

concerned have failed to resolve the dispute,

(

) either—

(i) the employer has failed to observe—

(I) a provision of the Code of Practice on Voluntary Dispute Resolution under section

42 of the Industrial Relations Act 1990 specifying the period of time for the doing

of any thing (or such a provision of any code of practice amending or replacing that

code), or

(II) any agreement by the parties extending that period of time,

(ii) the dispute having been referred to the Commission for resolution in accordance

with the provisions of such code, no further efforts on the part of the Commission

will, in the opinion of the Commission, advance the resolution of the dispute and

the Court has received a report from the Commission to that effect,

]

(

) the trade union or the excepted body or the employees, as the case may be, have

not acted in a manner which, in the opinion of the Court, has frustrated the employer

in observing a provision of such code of practice, and

(

) the trade union or the excepted body or the employees, as the case may be, have

not had recourse to industrial action after the dispute in question was referred to

the Commission in accordance with the provisions of such code of practice.

...

Application of collectively cited

Industrial Relations Acts

potentially restricted (1.04.2000) by

National Minimum Wage Act 2000

(5/2000), s. 42, S.I. No. 96 of 2000.

Act not to derogate from

certain provisions of or under Industrial Relations Acts, 1946 to 1990.

42.

— The provisions of this Act are in addition to and not in derogation of the Industrial

Relations Acts, 1946 to 1990, or—

(

) Employment Regulation Orders, and the enforcement of such Orders, made under those

Acts, or

(

) Registered Employment Agreements, and the enforcement of such Agreements, on the

except that where a minimum hourly rate of pay in accordance with this Act is a greater

amount than the minimum rate of pay prescribed under an Employment Regulation Order

or such a Registered Employment Agreement, the employee’s entitlement to pay in accordance with this Act shall prevail.

Functions transferred and terms “Department of Labour” and “Minister for Labour” construed (20.01.1993) by

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993

(S.I. No. 18 of 1993), arts. 3, 4, and sch. pt. 1, subject to transitional provisions

in arts. 5-9. Note that the name of the Minister for and Department of Industry and

Commerce was changed

• to the Minister for and Department of Enterprise and Employment (20.01.1993) by

Industry and Commerce (Alteration of Name of Department and Title of Minister) Order

1993

(S.I. No. 19 of 1993);

• to the Minister for and Department of Enterprise, Trade and Employment (12.07.1997)

Enterprise and Employment (Alteration of Name of Department and Title of Minister)

Order 1997

(S.I. No. 307 of 1997);

• to the Minster for and Department of Enterprise, Trade and Innovation (2.05.2010)

Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 185 of 2010); and

• to the Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011)

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister)

Order 2011

(S.I. No. 245 of 2011).

...

3. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 4 of this Order are hereby transferred

to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made

thereunder and relating to any administration and business transferred by paragraph

(1) of this Article shall, on and after the commencement of this Order, be construed

as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the

functions vested in the Minister for Labour by or under:—

(

) any Act mentioned in the Schedule

to this Order, and

...

(

) the provisions mentioned in the

Schedule to the Order so mentioned.

(2) References to the Minister for Labour contained in any Act or instrument thereunder

and relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for Industry

and Commerce.

...

Schedule

Part I

Acts functions under which are transferred from the Minister for Labour to the Minister

for Industry and Commerce.

...

Industrial Relations Acts, 1946 to 1990.

...

Functions transferred and term “Minister for Finance” construed (1.11.1973) by

Public Service (Transfer of Departmental Administration and Ministerial Functions)

Order 1973

(S.I. No. 294 of 1973, arts. 3, 4(1)(n), subject to transitional provisions in arts.

6-8.

3. (1) The administration and business in connection with the exercise, performance

or execution of—

(

) any functions transferred by

Article 4 of this Order,

...

section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that

relate to equipment for the automatic processing of information,

are hereby transferred to the

Department of the Public Service.

(2) References to the Department of Finance contained in any Act or instrument made

thereunder and relating to any administration and business transferred by paragraph

(1) of this Article shall, on and after the operative date, be construed as references

to the Department of the Public Service.

4. (1) The functions vested in the Minister for Finance by or under the following

enactments are hereby transferred to the Minister for the Public Service: ...

(

) Industrial Relations Acts, 1946

and 1969,

...

(6) References to the Minister for Finance contained in any enactment or instrument

made thereunder and relating to any functions transferred by this Article shall, on

and after the operative date, be construed as references to the Minister for the Public

Service.

Application of Act potentially restricted (3.06.1969) by

Industrial Relations Act 1969

(14/1969), s. 20, commenced on enactment.

Investigation of dispute by Court at request of parties.

20.

—(1) Where the workers concerned in a trade dispute or their trade union or trade unions

request or requests the Court to investigate the dispute and undertake or undertakes

before the investigation to accept the recommendation of the Court under section 68

of the Principal Act in relation thereto then, notwithstanding anything contained

in the Principal Act or in this Act, the Court shall investigate the dispute and shall

make a recommendation under the said section 68 in relation thereto.

(2) Where the parties concerned in a trade dispute request the Court to investigate

a specified issue or issues involved in the dispute and undertake, before the investigation,

to accept the recommendation of the Court under the said section 68 in relation to

such issue or issues then, notwithstanding anything in the Principal Act or in this

Act, the Court shall investigate such issue or issues and shall make a recommendation

under the said section 68 in relation thereto and, for the purposes of this subsection,

subsection (1) of the said section 68 shall have effect as if the references therein

to a trade dispute included references to an issue or issues involved in a trade dispute.

(3) Notwithstanding anything contained in section 8 (1) of this Act, an investigation

under this section shall be conducted in private and shall be given such priority

over the other business of the Court as the Court considers reasonable.

Editorial Notes

One year time limit for institution of summary proceedings for an offence under collectively

cited

Industrial Relations Acts 1946 to 1990

prescribed (18.07.1990) by

Industrial Relations Act 1990

(19/1990), s. 5, commenced on enactment.

Previous affecting provision: application of collectively cited

Industrial Relations Acts 1946 and 1969

extended (15.12.1975) by

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions)

Act 1975

(27/1975), s. 3(1)(b)(ii), S.I. No. 305 of 1975; ceased (29.06.1976) by

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions)

Act, 1975, (Expiration) Order 1976

(S.I. No. 137 of 1976).

Previous affecting provision: application of collectively cited

Industrial Relations Acts 1946 and 1969

extended (13.07.1973) by

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions)

Act 1973

(12/1973), s. 3(1)(b)(ii), S.I. No. 195 of 1973; ceased (14.12.1973) by

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions)

Act 1973, (Expiration) Order 1973

(S.I. No. 335 of 1973).

Previous affecting provision: functions transferred and terms “Minister for Industry and Commerce” and “Department of Industry and Commerce” construed (13.07.1966) by

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1966

(S.I. No. 164 of 1966), arts. 3, 4(1) and sch. 1, commenced as per art. 1(2) and

S.I. No. 162 of 1966; superseded (20.01.1993) by

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993

(S.I. No. 18 of 1993).