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Industrial Relations Act 1946 (No. 26)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-9)1. Short title2. Commencement3. Definitions generally4. "worker"5. Regulations6. Laying of regulations before Houses of the Oireachtas7. Prosecutions by the Minister8. Repeals9. ExpensesPart II The Labour Court. (ss. 10-24)10. Establishment of the Labour Court.Divisions of the Court (ss. 11-12)11.12.13. Registrar and officers and servants of the Court14. Technical assessors15. Places for sittings of the Court and lodgment of documents16. Conciliation officers17. Finality of decisions of the Court18. Seal of the Court19. Proof of orders of the Court.20. Procedure of the Court21. Power of Court to summon witnesses, etc22. Prohibition on disclosure of information23. Reports, etc., by Court24. Duty of Court to consider certain matters with regard to employment conditions referred to it by the MinisterPart III Agreements Relating to Wages and Conditions of Employment (ss. 25-33A)25. Definitions for purposes of Part III26. Register of Employment Agreements27. Registration of employment agreements28. Variation of registered employment agreement29. Cancellation of registration30. Adaptation of contracts of service consequential upon registration of employment agreement31. Publication of particulars in relation to employment agreements and right to obtain copies thereof32. Breaches of registered employment agreements33. Interpretation of registered employment agreements33A. Exemption from obligation to pay rate of remuneration provided by registered employment agreementPart IV Regulation by the Court of Remuneration and Conditions of Employment of Certain Workers (ss. 34-58)Definitions (s. 34)34. Definitions for purposes of Part IVJoint Labour Committees (ss. 35-41A)35. Power of the Court to establish joint labour committees36. Applications for establishment orders37. Restrictions on making establishment orders38. Inquiry into application for an establishment order39. Making of establishment orders40. Revocation and variation of establishment orders41. Constitution, officers and proceedings of joint labour committees41A. Review of joint labour committeesEmployment Regulation Orders (ss. 42-52)42. Proposals by joint labour committees in relation to remuneration and conditions of employment42A. Proposals by joint labour committees in relation to remuneration and conditions of employment42B. Proposals by joint labour committee for employment regulation orders42C. Making of employment regulation orders43. Making of employment regulation orders44. Adaptation of contracts of service consequential upon employment regulation orders45. Enforcement of employment regulation orders45A. Decision of adjudication officer under section 41 of Workplace Relations Act 201545B. Decision of Labour Court on appeal from decision referred to in section 45A45C. Enforcement of determinations of Labour Court45D. Provisions relating to winding up and bankruptcy45E. References to rights commissioner by Minister46. Permits authorising employment of infirm and incapacitated persons at less than the statutory minimum remuneration47. Computation of remuneration48. Employers not to receive premiums from apprentices or learners48A. Exemption from obligation to pay statutory minimum remuneration49. Records and notices50. Criminal liability of agent and superior employer and special defence open to employer51. Inspectors52. Powers of inspectorsProvisions in relation to trade boards (ss. 53-56)53. Existing trade boards to become joint labour committees54. Existing orders under the Trade Boards Acts, 1909 and 191855. Pending notices of proposals varying minimum rates of wages under the Trade Boards Acts, 1909 and 191856. Adaptation of references to trade boardsDetermination of certain questions (s. 57)57. Determination of certain questionsStandard wages for areas (s. 58)58. Standard wages for areasPart V Registered Joint Industrial Councils (ss. 59-65)59. Definitions for purposes of Part V60. Register of Joint Industrial Councils61. Registration of joint industrial councils62. Cancellation of registration63. Inspection of rules of registered joint industrial council64. Appointment of chairman and secretary of a joint industrial council65. Registered joint industrial council to be a body in respect, of which section 3 of the Trade Union Act, 1942, is applicablePart VI Trade Disputes (ss. 66-72)66. "Worker" for the purposes of Part VI67. Power of Court to investigate trade dispute68. Recommendation by Court on trade dispute69. Mediation in trade dispute by conciliation officer70. Reference of trade dispute to arbitration71. Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto72. Effect of awards under section 71Part 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 (ss. 73-82)73. Definitions for purposes of Part VII74. Duration of Part VII75. Restriction on operation of Part VII76. Recording of wages (standard rate) orders and bonus orders77. Court wages order78. Effect of recording of orders79. Applications for variation of recorded wages (standard rate) orders and bonus orders80. Cancellation of recording of wages (standard rate) order and bonus order81. Publication of particulars82. Determination or certain questionsFirst Schedule - Enactments RepealedSecond Schedule - Constitution, Officers and Proceedings of Joint Labour Committees
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AI Summary of 37. Restrictions on making establishment orders

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 23 September 1946 - onwards
Version 2 of 2

37. Restrictions on making establishment orders

The Court shall not make an establishment order in respect of any workers and their employers unless the Court is satisfied -

(a) in case the application is made by an organisation or a group of persons claiming to be representative of such workers or such employers, that the claim is well-founded, and

(b) that either -

(i) there is substantial agreement between such workers and their employers to the establishment of a joint labour committee, or

(ii) the existing machinery for effective regulation of remuneration and other conditions of employment of such workers is inadequate or is likely to cease or to cease to be adequate, or

(iii) having regard to the existing rates of remuneration or conditions of employment of such workers or any of them, it is expedient that a joint labour committee should be established

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