INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 8



8.(1) Where the Agency recommends under Article 7(1)(d) that a trade union
should be recognised by an employer and, in the opinion of that trade union,
the employer fails, wholly or in part, to comply with that recommendation so
far as it relates to employees, the trade union may report such failure to the
Agency.

(2) Where a report is made to the Agency under paragraph (1), the Agency shall
conduct such further investigations as it considers necessary and, if it is
satisfied that

(a)any conditions specified in the recommendation under Article 7(4) have been
complied with on the part of the trade union; and

(b)that the employer has failed, wholly or in part, to comply with the
Agency's recommendation within such time as the Agency considers reasonable,

(3) A certificate issued by the Agency under paragraph (2) shall specify

(a)the description or descriptions of employees in relation to whom the
employer has failed to comply with the recommendation; and

(b)the matters in relation to which the employer has failed to comply with the
recommendation.

(4) Where a certificate is issued to a trade union under paragraph (2) [that
trade union may] refer to the Industrial Court constituted under Part I of the
Industrial Courts Act 1919 any claim by that trade union that in respect of
one or more descriptions of employees covered by the Agency's recommendation
their contracts of employment should include the terms and conditions
specified in the claim.

(5) The Industrial Court shall examine a claim referred to it under paragraph
(4) and may make an award that in respect of any description of employees
specified in the certificate under paragraph (3)(a) the employer shall observe
either

(a)the terms and conditions specified in the claim by the trade union in
accordance with paragraph (4); or

(b)other terms and conditions which the Court considers appropriate,

(6) Any terms and conditions which by an award under paragraph (5) the
employer is required to observe in respect of employees of his shall have
effect as part of the contract of employment of any such employee, as from the
date specified in the award, except in so far as they are superseded or varied

(a)by a subsequent award under this Article;

(b)by a collective agreement between the employer and the union for the time
being representing that employee; or

(c)by express or implied agreement between the employee and the employer so
far as that agreement effects an improvement in any terms and conditions
having effect by virtue of the award.

(7) Where

(a)by virtue of any other statutory provision providing for minimum
remuneration or terms and conditions a contract of employment is to have
effect as modified by an award, order or other instrument under that statutory
provision, and

(b)by virtue of an award under this Article any terms and conditions are to
have effect as part of that contract,

(8) No award shall be made under this Article in respect of any terms and
conditions of employment which are fixed by virtue of any statutory provision.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 8