Any party to a registered employment agreement may apply to the Court to vary the agreement in its application to affected workers. Where all parties agree, the Court shall consider the application within 6 weeks, hear interested persons, and within 4 weeks of consideration may refuse or make a variation order having regard to the matters in subsections (3A) and (3B) of section 27. Where parties do not agree, contractual dispute resolution must be invoked; failing agreement, a party may refer the dispute to the Workplace Relations Commission (WRC) for conciliation. If conciliation fails the Commission shall, within 6 weeks, report to the Court (notwithstanding section 26 of the Industrial Relations Act 1990) and request investigation; the Court shall hear interested persons and within 6 weeks issue a recommendation, after which any party may, if unresolved after 6 weeks, apply to the Court to vary the agreement in the terms of that recommendation, and the Court may, within 6 weeks, refuse or make an order having regard to s.27(3A) and (3B).

An employer not party to the agreement may apply to vary it only if the Court is satisfied that a substantial adverse change in the sector’s economic circumstances has occurred since registration or last variation; the Court shall notify parties, hear interested persons within 6 weeks of notification and, not later than 4 weeks after hearing, may refuse or make an order having regard to s.27(3A)(b) and (3B). Such an employer application cannot be made until at least 12 months after registration, last variation, or a prior paragraph (a) refusal, whichever is later. Where the Court makes a variation order after commencement of Part 2 of the Industrial Relations (Amendment) Act 2012 it shall forward a copy to the Minister; the Minister may confirm the order (specifying its operative date) if satisfied the section has been complied with and confirmation is appropriate, or refuse and notify the Court with reasons. Confirmatory orders are to be laid before each House of the Oireachtas and may be annulled by resolution within the next 21 sitting days; variations made before Part 2’s commencement are unaffected.