INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015

43. Amendment of section 1 of Industrial Relations Act 1976

43. Section 1 of the Industrial Relations Act 1976 is amended by the substitution of the following definition for the definition of “agriculture”:

“ ‘agriculture’ means—

• (a) (i) the production of animals, including the production of meat and other animal produce intended for human consumption,

  • (ii) the sorting and packing of meat and other animal produce, and

  • (iii) the production, sorting, and packing of crops, including fruit and vegetables, intended for human or animal consumption,

  on farm land (within the meaning of section 664 of the Taxes Consolidation Act 1997), and

• (b) horticulture, including market gardening, garden nurseries and nursery grounds;”.

44. Amendment of section 23 of Act of 1990

44. The Act of 1990 is amended in subsection (1) of section 23—

• (a) by the insertion of “(or, where the employment has ceased, worked under)” after “has entered into or works under”, and

• (b) by the insertion of the following paragraph after paragraph (c):

• “(ca) a teacher employed by an education and training board,”.

45. Time limit in relation to trade dispute where retired worker is party to dispute

45. The Act of 1990 is amended by the insertion of the following section after section 26:

“26A. (1) Notwithstanding any other provision of this or any other enactment, but subject to subsection (2), an adjudication officer or the Court shall not investigate a trade dispute to which a worker who has ceased to be employed by reason of his or her retirement is a party unless—

• (a) the dispute was referred to the Commission for conciliation within a period of 6 months from the date on which the worker’s employment ceased, or the date on which the event to which the dispute relates occurred, whichever is the earlier, or

• (b) the dispute was referred to an adjudication officer or, as the case may be, the Court within the period referred to in paragraph (a).

• (2) Notwithstanding subsection (1), an adjudication officer or, as the case may be, the Court may extend the period referred to in that subsection by a further period not exceeding 6 months where the adjudication officer or the Court is satisfied that the failure to refer the dispute within the period referred to in subsection (1) was due to reasonable cause.

• (3) The Commission or the Court shall not investigate a trade dispute to which a worker referred to in subsection (1) is a party where the dispute is subject to investigation by the Pensions Ombudsman.”.

46. Amendment of Agricultural Workers Joint Labour Committee Establishment Order 1976

46. The Agricultural Workers Joint Labour Committee Establishment Order 1976 (S.I. No. 198 of 1976) is amended by the substitution of—

“AND WHEREAS by the said section 1 (amended by section 43 of the Industrial Relations (Amendment) Act 2015) of the Act of 1976, ‘agriculture’ means—

• (a) (i) the production of animals, including the production of meat and other animal produce intended for human consumption,

  • (ii) the sorting and packing of meat and other animal produce, and

  • (iii) the production, sorting, and packing of crops, including fruit and vegetables, intended for human or animal consumption,

  on farm land (within the meaning of section 664 of the Taxes Consolidation Act 1997), and

• (b) horticulture, including market gardening, garden nurseries and nursery grounds;”

for “AND WHEREAS by the said section 1 of the Act of 1976 agriculture is defined as including horticulture, the production of any consumable produce which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland, or for market gardens, private gardens, nursery grounds or sports grounds, the caring for or the rearing or training of animals and any other incidental activities connected with agriculture;”.