Worker Participation (State Enterprises) Act , 1988

1 Interpretation.

1.—(1) In this Act—

“agreement” has the meaning specified in section 6 of this Act;

“appropriate day” means a day appointed by an appropriate officer for the purposes of section 4 of this Act;

“appropriate officer” has the meaning assigned to it by section 2 of this Act;

“enactment” includes a statutory instrument;

“the Principal Act” means the Worker Participation (State Enterprises) Act, 1977;

“representatives of employees” has the meaning specified in section 6 of this Act;

“specified body” means a body specified in the First Schedule (as amended by this Act) to the Principal Act.

(2) (a) In sections 3 (b) and 4 (1) of this Act, references to “employees of the body” shall, in case the specified body is Aer Lingus, be construed as a reference to “the employees of Aer Lingus and Aerlinte”.

(b) In section 6 of this Act, references to “the specified body” shall, in case the specified body is Aer Lingus, be construed as a reference to “Aer Lingus and Aerlinte” and references in that section to “representatives of the specified body”, to “representatives of the employees of the specified body” and to “employees of the specified body” shall be construed accordingly.

2 Appropriate officer.

2.—(1) As regards a specified body, the appropriate officer for the purposes of sections 3, 4 and 5 of this Act shall be—

(a) in case the specified body is a designated body, the returning officer within the meaning of section 7 of the Principal Act, or

(b) in any other case—

(i) the secretary of the body, or in case there is no such secretary, the officer of the body who performs the functions of secretary of the body, or

(ii) in lieu of such secretary or officer, any other person who, in the opinion of such secretary or officer, is both competent to perform the functions of appropriate officer and acceptable to—

(I) a trade union or other body of persons which the secretary or officer is satisfied is both recognised by the specified body for the purposes of collective bargaining negotiations and representative of a majority of the employees of the body, or

(II) two or more trade unions or other bodies of persons which the secretary or officer is satisfied between them collectively represent a majority of such employees and as regards each of which the secretary or officer is satisfied that the body is so recognised.

(2) An appropriate officer may perform any of his functions through or by any other employee of the relevant specified body or through or by any other person who, in either case, is duly authorised by him in writing in that behalf.

3 Requests to establish consultative arrangements.

3.—Where—

(a) the appropriate officer of a specified body receives from—

(i) a trade union or other body of persons which the appropriate officer is satisfied,

(I) in case the specified body is Aer Lingus, is recognised for the purposes of collective bargaining negotiations either by that company or by Aerlinte and represents a majority of the employees of those companies when the numbers of employees employed by them are added together,

(II) in the case of any other specified body, is both recognised for such purposes by that specified body and represents a majority of the employees of that body, or

(ii) each of two or more trade unions or other bodies of persons which the appropriate officer is satisfied between them collectively represent a majority of such employees and as regards each of which the appropriate officer is satisfied that the body is so recognised,

an application in writing to establish and thenceforth maintain arrangements pursuant to section 6 of this Act, or

(b) such appropriate officer receives an application in writing which he is satisfied is signed by a majority of the persons who, on the date of the application, were employees of the body, requiring the body to establish and maintain such arrangements,

the specified body shall, as soon as may be, make arrangements pursuant to section 6 of this Act.

4 Polls as regards consultative arrangements referred to in section 6.

4.—(1) Where—

(a) the appropriate officer of a specified body receives an application in writing requesting the body to establish and thenceforth maintain arrangements referred to in section 6 of this Act, and

(b) such officer is satisfied that such application is signed by at least fifteen per cent. of the persons who, on the date of the application, were employees of the body,

he shall arrange for the taking of a poll under this section for the purpose of ascertaining whether or not a majority of the employees of the body is in favour of the establishment and maintenance by the body of such arrangements, and in particular—

(c) appoint, in accordance with subsection (2) of this section, either a day on which, or a period of not more than thirty days during which, the poll shall be taken,

(d) appoint a day, which shall be a day within the period of seven days beginning on the day on which the application was received by such officer, to be the appropriate day for the purposes of this section,

and every person who is, on the appropriate day, an employee of the body concerned shall be entitled to vote at the poll.

(2) The day, or the first day of a period of days, appointed under subsection (1) (c) of this section shall be a day within the period of ninety days after the receipt by an appropriate officer of the application referred to in subsection (1) of this section.

(3) Where, pursuant to this section, an appropriate officer has appointed, as the case may be, either a day or period of days on or during which a poll shall be taken, he shall, as soon as practicable after the appointment, give, in such manner as he considers appropriate, notice of—

(a) the day or, as the case may be, the period, when, or during which, the poll will be held,

(b) the place or places at which, the day on which, and the hours during which, votes other than postal votes may be cast, and

(c) in case a polling period is fixed, the place at which, and the period during which, and the hour before the expiration of which, postal ballot papers are to be received by or on behalf of the appropriate officer.

(4) The ballot paper to be used at a poll under this section shall contain a question requiring the voter to indicate whether he accepts or rejects a proposal for the establishing of arrangements pursuant to section 6 of the Worker Participation (State Enterprises) Act, 1988, and any such question shall be clear and unambiguous.

(5) The following provisions shall apply in relation to a poll under this section:

(a) the votes at the poll shall be given by secret ballot and the ballot of each voter shall consist of a paper (in this section referred to as a “ballot paper”);

(b) each voter shall cast his vote by answering “YES” or “NO” to the question on the ballot paper;

(c) in case a particular day is fixed pursuant to subsection (1) (c) of this section as regards the poll, the poll shall be taken on that day and postal voting shall not be used;

(d) in case a period of days is so fixed pursuant to that subsection, the poll shall be taken during that period but votes, other than postal votes, may only be cast during the hours so specified on a particular day appointed for the purposes of this paragraph by the appropriate officer at the time he fixes the period during which the poll will be held;

(e) any ballot paper on which—

(i) no vote is placed at all, or

(ii) the vote is not so placed as to indicate that the voter accepts or rejects the proposal to which the ballot paper relates, or

(iii) votes indicating that the voter both accepts and rejects the proposal to which the ballot paper relates, or

(iv) anything is written or marked on the ballot paper by the voter by which he can be recognised,

shall be invalid and shall not be counted.

(6) If, at an election, the appropriate officer is satisfied that, due to interruption or any other circumstance outside his control, the taking of a poll cannot be proceeded with or completed, he shall adjourn, and if necessary further adjourn, the poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete, as may be appropriate, the poll.

(7) As soon as may be after the taking of a poll under this section, the appropriate officer shall count the votes recorded on the ballot papers and shall ascertain the number of votes thereby given accepting, and the number of votes thereby given rejecting, the proposal to which the ballot paper relates.

(8) In case the majority of votes is in favour of accepting the proposal to which the ballot paper relates, the specified body concerned shall, as soon as may be, make arrangements pursuant to section 6 of this Act.

(9) Where a poll is held under this section and fifty per cent. or less of the votes are in favour of accepting the proposal to which the poll relates, no poll shall be held under this section in relation to the specified body concerned until the expiration of the period of four years beginning on the day on which the result of the poll has been ascertained pursuant to subsection (7) of this section.

(10) A poll shall not be held under this section in relation to a specified body at any time while arrangements made pursuant to section 6 of this Act are in force.

5 Certain decisions to be final, etc.

5.—Where a dispute arises concerning a decision by an appropriate officer of a specified body as to whether or not—

(a) a trade union or other body of persons or a person, is, on the date of its receipt, entitled to make or sign an application under section 3 of this Act, or

(b) a person is, on the date of its receipt, entitled to sign an application referred to in section 4 of this Act, or

(c) a person is entitled to vote at a particular poll held under section 4 of this Act, or

(d) the question on the ballot paper is clear and unambiguous,

the decision of the appropriate officer on such dispute shall be final and shall not be appealable.

6 Provisions regarding arrangements referred to in section 3 or 4.

6.—(1) Subject to subsection (3) of this section, the arrangements referred to in section 3 or 4 of this Act shall be such as may be agreed on between representatives of the specified body concerned and representatives of employees of such body and the terms of any such agreement (in this Act referred to as “the agreement”) shall be contained in a document which shall be signed by each of the parties to the agreement.

(2) Notwithstanding subsection (1) of this section, the arrangements referred to in section 3 or 4 of this Act shall be such as to provide for—

(a) the exchange of views and clear and reliable information on a regular basis between the specified body and such persons as the agreement may provide concerning such affairs of the specified body as may be provided in the agreement;

(b) the giving by the specified body of relevant information in good time to such persons as the agreement may provide concerning such decisions of the specified body as may be so provided and which are liable to have a significant effect on the interests of employees of the specified body; and

(c) the dissemination of the information and views referred to in paragraphs (a) and (b) of this subsection to the employees of the specified body, except in the circumstances, if any, provided for in the agreement,

and the arrangements shall contain such other provisions as may be agreed by the parties thereto.

(3) An agreement shall include provisions—

(a) providing for the review at such intervals or in such circumstances as shall be specified therein of the arrangements which are the subject of the agreement,

(b) providing that such arrangements shall be terminated in circumstances so specified.

(4) An agreement may be amended or replaced by a further agreement between representatives of the specified body concerned and representatives of employees of such body: Provided that the terms of any such further agreement shall be contained in a document signed by the parties to the further agreement and provided also that the further agreement makes provision for the matters specified in subsections (2) and (3) of this section.

(5) In this Act “representatives of employees” means such persons as may be nominated by a trade union or other body of persons which the appropriate officer is satisfied is recognised for the purposes of collective bargaining negotiations by the specified body concerned.

7 Annual report of specified body.

7.—(1) The annual report of a specified body shall contain a statement describing—

(a) the action, if any, that has been taken during the year to which the report relates to introduce, maintain or develop arrangements in accordance with section 6 of this Act, or any similar arrangements, and

(b) the agreement relating to such arrangements, where such an agreement has come into effect for the first time, or has been materially altered, during that year.

(2) This section shall come into operation on the 1st day of January, 1989.

8 Expenses of specified body in relation to arrangements under section 6.

8.—All expenses incurred by a specified body in relation to the establishing and maintaining of arrangements pursuant to section 6 of this Act shall be borne by the specified body concerned.

9 Power to extend Worker Participation (State Enterprises) Acts, 1977 and 1988 to certain subsidiaries.

9.—(1) In this section “a subsidiary to which this section applies” means—

(a) in relation to a designated body in Part I of the First Schedule (as amended by this Act) to the Principal Act, a company which would be a subsidiary of that body within the meaning of the Act of 1963, if the body were a company within the meaning of that Act, and

(b) any company in relation to which by virtue of section 155 (4) of the Act of 1963, a designated body in Part II of the First Schedule (as amended by this Act) to the Principal Act is to be deemed to be, for the purposes of the Act of 1963, that company's holding company.

(2) Subject to subsection (3) of this section, the Minister may as regards a particular subsidiary to which this section applies, by order provide that any employee of the subsidiary shall, for the purpose of the Worker Participation (State Enterprises) Acts, 1977 and 1988, be regarded as an employee of the designated body (which shall be named in the order).

(3) An order under subsection (2) of this section shall not be made by the Minister unless—

(a) a request in writing has been made to the appropriate Minister jointly by the designated body concerned and by representatives of employees of such body, and a copy of such request has been sent by the designated body concerned to the Minister, and

(b) the Minister has consulted with the Minister for Finance and the appropriate Minister.

(4) (a) Where an order under this section is for the time being in force—

(i) the Worker Participation (State Enterprises) Acts, 1977 and 1988 (other than sections 2 to 8 of this Act) shall be construed and have effect in accordance with the order,

(ii) without prejudice to the generality of subparagraph (i) of this paragraph, the reference to the designated body in section 11 (6) of the Principal Act shall be construed as including a reference to the subsidiary specified in the order.

(b) Where a designated body is specified in an order under subsection (2) of this section, then for so long as the order remains in force—

(i) in case the designated body is Aer Lingus, section 13 (1) (a) (i) of the Principal Act shall be construed and have effect as if after “that company” there were inserted a reference to the subsidiary so specified or, in case for the time being more than one such subsidiary stands so specified, a reference to either, or, as may be appropriate, any of those subsidiaries,

(ii) in any other case, section 13 (1) of the Principal Act shall not apply as regards the case and in lieu thereof the following provisions shall apply, namely, if at an election relating to such designated body the returning officer receives during the period of seven days beginning on the stated day from—

(I) a trade union or other body of persons which the returning officer is satisfied is both recognised for the purposes of collective bargaining negotiations either by such designated body or the subsidiary so specified, or, either or any as may be appropriate, of the subsidiaries so specified, and represents not less than fifteen per cent. of the employees of such designated body and subsidiary or subsidiaries, being employees entitled to vote at the election, when the numbers of employees employed by them and being so entitled are each added together, or

(II) each of two or more trade unions or other bodies of persons which the returning officer is satisfied between them collectively represent not less than fifteen per cent. of such employees and as regards each of which the returning officer is satisfied that the body is so recognised,

an application in writing requesting him not to proceed with the election, for the purposes of ascertaining whether or not a majority of those entitled to vote at the election is in favour of proceeding further with the election he shall arrange forthwith for the taking of a poll (which poll is in this Act referred to as a “preliminary poll”) and appoint either a day, or a period of more than one but not more than thirty days, which shall be the earliest day or period of days, as the case may be, for the taking of the preliminary poll.

(5) The Minister may by order amend or revoke an order made under this section (including an order under this subsection).

10 Election year and nomination day.

10.—The Principal Act is hereby amended by the substitution for section 6 of the following section:

“6.—(1) As regards a designated body, the election years for the purposes of this Act shall be—

(a) (i) as regards Siúicre Éireann cuideachta phoiblí theoranta, An Post and Bord Telecom Éireann, 1988, and each successive fourth year thereafter,

(ii) as regards Córas Iompair Éireann, 1989, and each successive fourth year thereafter,