INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 54



54.(1) On or after referring a further complaint under Article 53, the trade
union may refer to [the Agency], in writing, a claim in respect of one or more
descriptions of employees (but not workers who are not employees) specified in
the claim that their contracts should include the terms and conditions
specified in the claim and [the Agency] shall refer the claim to the
Industrial Court.

(2) The right to refer a claim under paragraph (1) shall expire, or, as the
case may be, a claim so referred shall be treated as withdrawn, if at any time
before the Court makes an award under this Article the employer discloses, or,
as the case may be, confirms in writing, to representatives of the trade union
the information specified in the declaration under Article 52(6)(a) or, as the
case may be, Article 53(4).

(3) If the Court finds, or has found, the further complaint wholly or partly
well-founded, it may, after hearing the parties, make an award that in respect
of any description of employees specified in the claim the employer shall,
from a specified date, observe either

(a)the terms and conditions specified in the claim; or

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

(4) The date specified in an award under paragraph (3) may be a date earlier
than that on which the award is made but shall not be earlier than the date
specified in accordance with Article 52(6)(b) in the declaration made by the
Court on the original complaint.

(5) An award under paragraph (3) shall be made only in respect of a
description of employees, and shall comprise only terms and conditions
relating to matters,

(a)in respect of which the trade union making the claim is recognised by the
employer; or

(b)which fall within the scope of a recommendation for recognition (made by
the Agency under Article 7 of the No. 1 Order [and not revoked by it] relating
to the trade union making the claim.

(6) Any terms and conditions which by an award under this Article 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specified in the award, except in so far as they are superseded or varied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 statutory provision, other than one contained in this
Article, 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.

Art.55 inserts art.14A in 1976 NI 16

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 54