INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 63



63.(1) Subject to paragraph (3), any collective agreement (whether made before
or after the coming into operation of this Article) shall be conclusively
presumed not to have been intended by the parties to be a legally enforceable
contract unless the agreement

(a)is in writing, and

(b)contains a provision which (however expressed) states that the parties
intended that the agreement shall be a legally enforceable contract.

(2) Any such agreement which satisfies the conditions in paragraph (1)(a) and
(b) shall be conclusively presumed to have been intended by the parties to be
a legally enforceable contract.

(3) If any such agreement is in writing and contains a provision which
(however expressed) states that the parties intend that one or more parts of
the agreement specified in that provision, but not the whole of the agreement,
shall be a legally enforceable contract, then

(a)the specified part or parts shall be conclusively presumed to have been
intended by the parties to be a legally enforceable contract; and

(b)the remainder of the agreement shall be conclusively presumed not to have
been intended by the parties to be such a contract, but a part of an agreement
which by virtue of this sub-paragraph is not a legally enforceable contract
may be referred to for the purpose of interpreting a part of that agreement
which is such a contract.

(4) Notwithstanding anything in paragraphs (2) and (3), any terms of a
collective agreement (whether made before or after the coming into operation
of this Article) which prohibit or restrict the right of workers to engage in
a strike or other industrial action, or have the effect of prohibiting or
restricting that right shall not form part of any contract between any worker
and the person for whom he works unless the collective agreement

(a)is in writing; and

(b)contains a provision expressly stating that those terms shall or may be
incorporated in such a contract; and

(c)is reasonably accessible at his place of work to the worker to whom it
applies and is available for him to consult during working hours; and

(d)is one where each trade union which is a party to the agreement is an
independent trade union;

(5) Paragraph (4) shall have effect notwithstanding any provision to the
contrary in any agreement (including a collective agreement or a contract with
any worker).

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 63