Number 12 of 2017
Competition (Amendment) Act 2017Number 12 of 2017
COMPETITION (AMENDMENT) ACT 2017  
CONTENTS
Section
1.  Definition
2.  Application of section 4 of Principal Act to collective bargaining and agreements in
respect of certain categories of workers
3.  Amendment of Principal Act
4.  Short title, collective citation and commencement
SCHEDULE
1 [NO. 12.] Competition (Amendment) Act  2017. [2017.]
ACTS REFERRED TO
Competition Act 2002 (No. 14)
Competition Acts 2002 to 2014
Industrial Relations (Amendment) Act 2001 (No. 11)
Industrial Relations Act 1946 (No. 26)
2Number 12 of 2017
COMPETITION (AMENDMENT) ACT 2017  
An Act to amend the Competition Act 2002  to provide that section 4 of that Act shall  
not apply to collective bargaining and agreements in respect of certain categories of  
workers; and to provide for related matters.          [7th June, 2017]
Be it enacted by the Oireachtas as follows:
Definition
1.In this Act “Principal Act” means the Competition Act 2002 .
Application  of  section  4  of  Principal  Act  to  collective  bargaining  and  agreements  in  
respect of certain categories of workers
2.The Principal Act is amended by the insertion of the following Part after Part 2A:
“PART 2B
APPLICA TION OF SECTION 4 TO COLLECTIVE BARGAINING AND AGREEMENTS IN RESPECT OF 
CERTAIN CA TEGORIES OF WORKERS
Definitions
15D.In this Part—
‘collective bargaining’ has the same meaning as it has in the  Industrial 
Relations (Amendment) Act 2001 ;
‘false self-employed worker’ means an individual who —
(a)performs for a person (‘other person’), under a contract (whether  
express or implied and if express, whether orally or in writing), the  
same activity or service as an employee of the other person,
(b)has a relationship of subordination in relation to the other person  
for the duration of the contractual relationship,
(c)is required to follow the instructions of the other person regarding  
the time, place and content of his or her work,
(d)does not share in the other person’s commercial risk,
3 S.2 [NO. 12.]Competition (Amendment) Act  2017. [2017.]
(e)has  no  independence  as  regards  the  determination  of  the  time  
schedule, place and manner of performing the tasks assigned to him  
or her, and
(f)for the duration of the contractual relationship, forms an integral  
part of the other person’s undertaking;
‘fully dependent self-employed worker’ means an individual —
(a)who  performs  services  for  another  person  (whether  or  not  the  
person for whom the service is being performed is also an employer  
of employees) under a contract (whether express or implied, and if  
express, whether orally or in writing), and
(b)whose main income in respect of the performance of such services  
under contract is derived from not more than 2 persons;
‘relevant category of self-employed worker’ means —
(a)a class of worker specified in Schedule 4, or
(b)a  class  of  false  self-employed  worker  or  fully  dependent  self-
employed worker specified in an order made by the Minister under  
section 15F;
‘trade union’ has the same meaning as it has in the  Industrial Relations 
Act 1946.
Collective bargaining and agreements in respect of certain categories of  
workers
15E.Section  4  shall  not  apply to  collective  bargaining  and  agreements  in  
respect of a relevant category of self-employed worker.
Prescribed relevant category of self-employed worker
15F.(1)A trade union which represents a class of—
(a)false self-employed worker, or
(b)fully dependent self-employed worker,
may,  for  the  purposes  of  collective  bargaining  and  agreements  on  
behalf of the class of worker so represented, apply to the Minister in  
accordance with  this section, to  prescribe such class of false  self-
employed  worker  or  fully dependent  self-employed  worker  for  the  
purposes of this Part.
(2)An application by a trade union under subsection (1) shall be made in  
the manner specified by the Minister and shall be accompanied by  
evidence to show—
(a)that the class of false self-employed worker or fully dependent self-
employed  worker,  as  the  case  may  be,  the  subject  of  the  
application,  falls  within  the  definition  of  false  self-employed  
worker or fully dependent self-employed worker, as the case may  
4[2017.] Competition (Amendment) Act  2017. [No. 12.] S.2
be, and
(b)that the prescribing of such class of false self-employed worker or  
fully dependent self-employed worker, as the case may be —
(i)will have no or minimal economic effect on the market in which  
the class of self-employed worker concerned operates,
(ii)will not lead to or result in significant costs to the State, and
(iii)will not otherwise contravene the requirements of this Act or  
any other enactment or rule of law (including the law in relation  
to  the  European  Union)  relating  to  the  prohibition  on  the  
prevention, restriction or distortion of competition in trade in  
any goods or services.
(3)Subject to subsection (5), where, in relation to an application under  
subsection (1), the Minister is satisfied —
(a)of the matters referred to in paragraphs (a) and (b) of subsection  
(2), and
(b)that it is appropriate to do so,
he or she may prescribe by order the class of false self-employed  
worker or fully dependent self-employed worker, as the case may be,  
as a relevant category of self-employed worker.
(4)Where the Minister is not satisfied in accordance with subsection (3),  
he or she shall refuse an application under subsection (2).
(5)An order under subsection (3) shall only be made after consultation by  
the Minister with—
(a)such other Minister of the Government who, in the opinion of the  
Minister, having regard to the functions of that other Minister of  
the Government, ought to be consulted, and
(b)any other  person  or  body who,  in  the  opinion  of  the  Minister,  
having regard to the functions of that other person or body, ought to  
be consulted.
(6)Where a class of false self-employed worker or fully dependent self-
employed  worker  has  been  prescribed  by  the  Minister  under  this  
section and, since the making of the order —
(a)the  market  conditions  or  circumstances  which  pertained  to  the  
making of that order have changed substantially, or
(b)new information relevant to the application which was the subject  
of the order becomes available to the Minister,
the Minister may, if he or she is of the opinion that it is no longer  
appropriate  for  the  class  of  false  self-employed  worker  or  fully  
dependent  self-employed  worker  concerned  to  be  so  prescribed,  
5 S.2 [NO. 12.]Competition (Amendment) Act  2017. [2017.]
revoke  the  prescription  of  the  relevant  category  of  self-employed  
worker by order.
(7)Whenever the Minister proposes to make an order under subsection  
(6), he or she—
(a)shall inform in writing the trade union who made the application  
concerned of the proposal and of the reasons for it and he or she  
may  specify  a  period  for  the  making  of  a  submission  under  
subsection (8),
(b)may invite such other persons as he or she considers appropriate to  
make submissions in respect of his or her proposal within such a  
period as he or she may specify,
(c)shall, in a case where the Minister consulted another Minister of  
the Government or other person or body under subsection (5) in  
respect of the making of an order under subsection (3), the subject  
of the proposal, consult with that Minister of the Government or  
person or body in respect of the proposal concerned, and
(d)shall  cause  notice  of  the  proposal  to  be  published  on  the  
Department’s website and in one national newspaper circulating  
within the State.
(8)A trade union notified under subsection (7)(a) or other person or body  
referred to in subsection (7)(b) may make a submission to the Minister  
within the period (if any) specified by the Minister under subsection  
(7)(a) or (b), as may be appropriate, regarding the proposal setting out  
the reasons why the order should or should not be made.
(9)The Minister shall consider any submission made to him or her under  
subsection (8) before making an order under subsection (6).
(10)Where the Minister makes an order under subsection (3) or (6), he or  
she shall cause notice of the making of the order to be published on the  
Department’s  website  and  in  one  national  newspaper  circulating  
within the State.”.
Amendment of Principal Act
3.The Principal Act is amended by the insertion of the text set out in the  Schedule as 
Schedule 4 to that Act.
Short title, collective citation and commencement
4.(1)This Act may be cited as the Competition (Amendment) Act 2017.
(2)This  Act  and  the  Competition  Acts  2002  to  2014  may be  cited  together  as  the  
Competition Acts 2002 to 2017.
(3)Subject to subsection (4), this Act shall come into operation on such day or days as  
6[2017.] Competition (Amendment) Act  2017. [No. 12.] S.4
the Minister for Jobs, Enterprise and Innovation may by order or orders appoint  
either generally or with reference to any particular purpose or provision and different  
days may be so appointed for different purposes or different provisions.
(4)This Act shall come into operation no later than 3 months after the date of its passing.
7 [NO. 12.] Competition (Amendment) Act  2017. [2017.]
SCHEDULE
Section 3
“SCHEDULE 4
RELEVANT CATEGORIES OF SELF-EMPLOYED WORKER
1.Actors engaged as voice-over actors
2.Musicians engaged as session musicians
3.Journalists engaged as freelance journalists”.
8