Worker Participation (State Enterprises) Act, 1988
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“agreement” has the meaning specified in section 6 of this Act;
“appropriate day” means a day appointed by an appropriate officer for the purposes of section 4 of this Act;
“appropriate officer” has the meaning assigned to it by section 2 of this Act;
“enactment” includes a statutory instrument;
“the Principal Act” means the Worker Participation (State Enterprises) Act, 1977 ;
“representatives of employees” has the meaning specified in section 6 of this Act;
num: 2
paragraphs: —(1) As regards a specified body, the appropriate officer for the purposes of sections 3 , 4 and 5 of this Act shall be—
(a) in case the specified body is a designated body, the returning officer within the meaning of section 7 of the Principal Act, or
(b) in any other case—
(i) the secretary of the body, or in case there is no such secretary, the officer of the body who performs the functions of secretary of the body, or
(ii) in lieu of such secretary or officer, any other person who, in the opinion of such secretary or officer, is both competent to perform the functions of appropriate officer and acceptable to—
(I) a trade union or other body of persons which the secretary or officer is satisfied is both recognised by the specified body for the purposes of collective bargaining negotiations and representative of a majority of the employees of the body, or
(II) two or more trade unions or other bodies of persons which the secretary or officer is satisfied between them collectively represent a majority of such employees and as regards each of which the secretary or officer is satisfied that the body is so recognised.
(2) An appropriate officer may perform any of his functions through or by any other employee of the relevant specified body or through or by any other person who, in either case, is duly authorised by him in writing in that behalf.
num: 3
paragraphs: —Where—
(a) the appropriate officer of a specified body receives from—
(i) a trade union or other body of persons which the appropriate officer is satisfied,
(I) in case the specified body is Aer Lingus, is recognised for the purposes of collective bargaining negotiations either by that company or by Aerlinte and represents a majority of the employees of those companies when the numbers of employees employed by them are added together,
(II) in the case of any other specified body, is both recognised for such purposes by that specified body and represents a majority of the employees of that body, or
(ii) each of two or more trade unions or other bodies of persons which the appropriate officer is satisfied between them collectively represent a majority of such employees and as regards each of which the appropriate officer is satisfied that the body is so recognised,
an application in writing to establish and thenceforth maintain arrangements pursuant to section 6 of this Act, or
(b) such appropriate officer receives an application in writing which he is satisfied is signed by a majority of the persons who, on the date of the application, were employees of the body, requiring the body to establish and maintain such arrangements,
the specified body shall, as soon as may be, make arrangements pursuant to section 6 of this Act.
num: 4
paragraphs: —(1) Where—
(a) the appropriate officer of a specified body receives an application in writing requesting the body to establish and thenceforth maintain arrangements referred to in section 6 of this Act, and
(b) such officer is satisfied that such application is signed by at least fifteen per cent. of the persons who, on the date of the application, were employees of the body,
he shall arrange for the taking of a poll under this section for the purpose of ascertaining whether or not a majority of the employees of the body is in favour of the establishment and maintenance by the body of such arrangements, and in particular—
(c) appoint, in accordance with subsection (2) of this section, either a day on which, or a period of not more than thirty days during which, the poll shall be taken,
(d) appoint a day, which shall be a day within the period of seven days beginning on the day on which the application was received by such officer, to be the appropriate day for the purposes of this section,
and every person who is, on the appropriate day, an employee of the body concerned shall be entitled to vote at the poll.
(2) The day, or the first day of a period of days, appointed under subsection (1) (c) of this section shall be a day within the period of ninety days after the receipt by an appropriate officer of the application referred to in subsection (1) of this section.
(3) Where, pursuant to this section, an appropriate officer has appointed, as the case may be, either a day or period of days on or during which a poll shall be taken, he shall, as soon as practicable after the appointment, give, in such manner as he considers appropriate, notice of—
(a) the day or, as the case may be, the period, when, or during which, the poll will be held,
(b) the place or places at which, the day on which, and the hours during which, votes other than postal votes may be cast, and
(c) in case a polling period is fixed, the place at which, and the period during which, and the hour before the expiration of which, postal ballot papers are to be received by or on behalf of the appropriate officer.
(4) The ballot paper to be used at a poll under this section shall contain a question requiring the voter to indicate whether he accepts or rejects a proposal for the establishing of arrangements pursuant to section 6 of the Worker Participation (State Enterprises) Act, 1988, and any such question shall be clear and unambiguous.
(5) The following provisions shall apply in relation to a poll under this section:
(a) the votes at the poll shall be given by secret ballot and the ballot of each voter shall consist of a paper (in this section referred to as a “ballot paper”);
(b) each voter shall cast his vote by answering “YES” or “NO” to the question on the ballot paper;
(c) in case a particular day is fixed pursuant to subsection (1) (c) of this section as regards the poll, the poll shall be taken on that day and postal voting shall not be used;
(d) in case a period of days is so fixed pursuant to that subsection, the poll shall be taken during that period but votes, other than postal votes, may only be cast during the hours so specified on a particular day appointed for the purposes of this paragraph by the appropriate officer at the time he fixes the period during which the poll will be held;
(e) any ballot paper on which—
(i) no vote is placed at all, or
(ii) the vote is not so placed as to indicate that the voter accepts or rejects the proposal to which the ballot paper relates, or
(iii) votes indicating that the voter both accepts and rejects the proposal to which the ballot paper relates, or
(iv) anything is written or marked on the ballot paper by the voter by which he can be recognised,
shall be invalid and shall not be counted.
(6) If, at an election, the appropriate officer is satisfied that, due to interruption or any other circumstance outside his control, the taking of a poll cannot be proceeded with or completed, he shall adjourn, and if necessary further adjourn, the poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete, as may be appropriate, the poll.
(7) As soon as may be after the taking of a poll under this section, the appropriate officer shall count the votes recorded on the ballot papers and shall ascertain the number of votes thereby given accepting, and the number of votes thereby given rejecting, the proposal to which the ballot paper relates.
(8) In case the majority of votes is in favour of accepting the proposal to which the ballot paper relates, the specified body concerned shall, as soon as may be, make arrangements pursuant to section 6 of this Act.
(9) Where a poll is held under this section and fifty per cent. or less of the votes are in favour of accepting the proposal to which the poll relates, no poll shall be held under this section in relation to the specified body concerned until the expiration of the period of four years beginning on the day on which the result of the poll has been ascertained pursuant to subsection (7) of this section.
(10) A poll shall not be held under this section in relation to a specified body at any time while arrangements made pursuant to section 6 of this Act are in force.
num: 5
paragraphs: —Where a dispute arises concerning a decision by an appropriate officer of a specified body as to whether or not—
(a) a trade union or other body of persons or a person, is, on the date of its receipt, entitled to make or sign an application under section 3 of this Act, or
(b) a person is, on the date of its receipt, entitled to sign an application referred to in section 4 of this Act, or
(c) a person is entitled to vote at a particular poll held under section 4 of this Act, or
(d) the question on the ballot paper is clear and unambiguous,
the decision of the appropriate officer on such dispute shall be final and shall not be appealable.
num: 6
paragraphs: —(1) Subject to subsection (3) of this section, the arrangements referred to in section 3 or 4 of this Act shall be such as may be agreed on between representatives of the specified body concerned and representatives of employees of such body and the terms of any such agreement (in this Act referred to as “the agreement”) shall be contained in a document which shall be signed by each of the parties to the agreement.
(2) Notwithstanding subsection (1) of this section, the arrangements referred to in section 3 or 4 of this Act shall be such as to provide for—
(a) the exchange of views and clear and reliable information on a regular basis between the specified body and such persons as the agreement may provide concerning such affairs of the specified body as may be provided in the agreement;
(b) the giving by the specified body of relevant information in good time to such persons as the agreement may provide concerning such decisions of the specified body as may be so provided and which are liable to have a significant effect on the interests of employees of the specified body; and
(c) the dissemination of the information and views referred to in paragraphs (a) and (b) of this subsection to the employees of the specified body, except in the circumstances, if any, provided for in the agreement,
and the arrangements shall contain such other provisions as may be agreed by the parties thereto.
(3) An agreement shall include provisions—
(a) providing for the review at such intervals or in such circumstances as shall be specified therein of the arrangements which are the subject of the agreement,
(b) providing that such arrangements shall be terminated in circumstances so specified.
(4) An agreement may be amended or replaced by a further agreement between representatives of the specified body concerned and representatives of employees of such body: Provided that the terms of any such further agreement shall be contained in a document signed by the parties to the further agreement and provided also that the further agreement makes provision for the matters specified in subsections (2) and (3) of this section.
(5) In this Act “representatives of employees” means such persons as may be nominated by a trade union or other body of persons which the appropriate officer is satisfied is recognised for the purposes of collective bargaining negotiations by the specified body concerned.
num: 7
paragraphs: —(1) The annual report of a specified body shall contain a statement describing—
(a) the action, if any, that has been taken during the year to which the report relates to introduce, maintain or develop arrangements in accordance with section 6 of this Act, or any similar arrangements, and
(b) the agreement relating to such arrangements, where such an agreement has come into effect for the first time, or has been materially altered, during that year.
(2) This section shall come into operation on the 1st day of January, 1989.
num: 8
paragraphs: —All expenses incurred by a specified body in relation to the establishing and maintaining of arrangements pursuant to section 6 of this Act shall be borne by the specified body concerned.
num: 9
paragraphs: —(1) In this section “a subsidiary to which this section applies” means—
num: 10
paragraphs: —The Principal Act is hereby amended by the substitution for section 6 of the following section:
“6.—(1) As regards a designated body, the election years for the purposes of this Act shall be—
(a) (i) as regards SiÃºicre Ãireann cuideachta phoiblÃ­ theoranta, An Post and Bord Telecom Ãireann, 1988, and each successive fourth year thereafter,
(ii) as regards CÃ³ras Iompair Ãireann, 1989, and each successive fourth year thereafter,
(iii) as regards the B & I Line public limited company, the Electricity Supply Board, Bord na MÃ³na, NÃ­trigin Ãireann Teoranta and Aer Lingus, 1990, and each successive fourth year thereafter,
and
(b) as regards a designated body other than a body referred to in paragraph (a) of this subsection, the year in which the day appointed by the Minister under section 3 of this Act in relation to the body falls and each successive fourth year thereafter.
(2) During each period of twelve months ending on the 15th day of September in each year which, in relation to a designated body, is an election year, the returning officer shall fix in relation to the body a day to be, for the purposes of this Act, the nomination day in that election year.
(3) (a) If, during the period of twelve months ending on the 15th day of September in each year which, in relation to a designated body, is an election year, a returning officer has not fixed a nomination day, any employee of the designated body may request the Minister in writing to arrange for the fixing in relation to the body a day to be, for the purposes of this Act, the nomination day in that election year.
(b) The Minister, if he is satisfied that a nomination day has not been fixed, may—
(i) direct the returning officer, in writing, forthwith to fix a day, being a day not later than three months after the date of the direction, to be, for the purposes of this Act, the nomination day in that election year, and
(ii) require the returning officer to furnish an explanation in writing as to why he had failed to fix the nomination day.
(c) If, within fourteen days after the date of the direction of the Minister, the returning officer has not fixed a day to be the nomination day, the Minister may, by regulation, fix in relation to the designated body concerned a day to be, for the purposes of this Act, the nomination day in that election year.”.
num: 11
paragraphs: —(1) Where the Minister makes an order under section 23 (as amended by this Act) of the Principal Act in respect of a body which, by virtue of an order under section 24 of this Act is a designated body, the order under the said section 23 (as so amended) may provide that, for so long as that order is in force, any enactment specified in the order, being an enactment which relates to the body and which is analagous to the enactments specified in section 23 (4) (as amended by this Act) of the Principal Act, shall be construed and have effect in accordance with the order.
(2) Where the appropriate Minister makes an order under section 25 of the Principal Act in respect of a body which, by virtue of an order under section 24 of this Act is a designated body, the order under section 25 of the Principal Act, may provide that, for so long as the order is in force, any enactment specified in the order, being an enactment which relates to the body and which is analagous to the enactments specified in section 25 (2) (as amended by this Act) of the Principal Act, shall be construed and have effect in accordance with the order.
num: 12
paragraphs: —(1) A person, who has been appointed pursuant to section 15 of the Principal Act to be, as the case may be, a member or a director of a designated body, shall cease to be such member or director if, for any reason, he ceases to be an employee of that body.
(2) Whenever a person ceases to be, as the case may be, a member or director of a designated body pursuant to subsection (1) of this section, a vacancy amongst the members or directors of the designated body concerned shall be deemed to have occurred on the day following the day on which such person ceases to be an employee of that body and the provisions of the Principal Act relating to casual vacancies shall apply accordingly.
num: 13
paragraphs: —Section 1 of the Principal Act is hereby amended by—
(a) the substitution for the definition of “Aer Lingus” contained in that section of the following definition:
num: 14
paragraphs: —Section 2 of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:
“(a) in relation to the designated bodies,
(i) with regard to Aer Lingus, Aer Rianta cuideachta phoiblÃ­ theoranta, B & I Line public limited company and CÃ³ras Iompair Ãireann, the Minister for Tourism and Transport;
(ii) with regard to Bord na MÃ³na and the Electricity Supply Board, the Minister for Energy;
(iii) with regard to the National Rehabilitation Board, the Minister for Health;
(iv) with regard to NÃ­trigin Ãireann Teoranta, the Minister for Industry and Commerce;
(v) with regard to SiÃºicre Ãireann cuideachta phoiblÃ­ theoranta, the Minister for Agriculture and Food;
(vi) with regard to An Post and Bord Telecom Ãireann, the Minister for Communications;
(vii) with regard to a body to which an order made in exercise of the powers conferred on the Minister by section 24 of the Worker Participation (State Enterprises) Act, 1988, in the manner specified in subsection (2) (a) (i) or (2) (a) (iii) of that section, relates, the Minister of the Government specified in that regard in the order, and”.
num: 15
paragraphs: —The Principal Act is hereby amended by the substitution for section 5 of the following section:
num: 16
paragraphs: —The Principal Act is hereby amended by the substitution for section 8 of the following section:
“8.—(1) The returning officer at an election shall, not later than the day which is seventy days before the nomination day, as regards the election, fix—
(a) for the purposes of section 10 (2) of this Act a day, which is in this Act referred to as the ‘stated day’, being a day which is neither earlier than the fifty-sixth nor later than the forty-second day before the day which as regards the election is the nomination day, and
(b) the period or periods during which, on such nomination day, nominations at the election will be received:
Provided that the period, or the aggregate of the periods so fixed, shall not be less than three hours.
(2) Notwithstanding the provisions of subsection (1) of this section, the returning officer at an election may, if he considers it necessary or desirable so to do, in lieu of fixing a period or periods during which, on the nomination day, nominations will be received, declare that nominations will be received during such period (in this Act referred to as the ‘nomination period’) of days, being a period of not more than seven days ending on the nomination day, as such returning officer may specify: Provided always that the period of hours, or the aggregate of the period of hours, on each day during the nomination period during which nominations will be received, shall not be less than three hours.”.
num: 17
paragraphs: —Section 12 of the Principal Act is hereby amended by—
(a) the substitution in subsection (1) for “five” of “thirty”, and
(b) the deletion in subsection (4) (b) of “or days”,
and the said subsections, as so amended, are set out in the Table to this section.
TABLE
(1) If at an election immediately after,
(a) in case the returning officer fixes pursuant to section 8 of this Act a period during which nominations will be received, the expiration of the period, or
(b) in case the returning officer so fixes two or more such periods, the expiration of the later or latest, as may be appropriate, of those periods,
the number of candidates standing duly nominated does not exceed the number which as regards the designated body concerned is appropriate, the returning officer shall forthwith declare each of such candidates, or in case there is only one such candidate that candidate, to be elected for appointment under section 15 of this Act by the Minister of State who in relation to such designated body is the appropriate Minister; but if at that time the number of candidates standing so nominated exceeds such appropriate number the returning officer shall adjourn the election for the taking of a poll pursuant to this Act either on a day, being a day which is not earlier than the seventh day after the nomination day and which is in this Act referred to as the “polling day”, fixed by him at the time of the adjournment, or during a period of more than one but not more than thirty days the first of which is so fixed and is not earlier than the said seventh day, which period is in this Act referred to as the “polling period”.
(4) (b) the place or places at which, the day on which and the hours during which votes, other than postal votes, may be cast,
num: 18
paragraphs: —Section 13 of the Principal Act is hereby amended by the substitution in subsection (1) for “five days” of “thirty days”, and the said subsection, as so amended, is set out in the Table to this section.
TABLE
(1) If at an election the returning officer receives during the period of seven days beginning on the stated day from—
(a) a trade union or other body of persons which the returning officer is satisfied,
(i) in case the election relates to Aer Lingus, is both recognised for the purposes of collective bargaining either by that company or by Aerlinte and represents not less than fifteen per cent. of the employees of those companies, being employees entitled to vote at the election, when the numbers of employees employed by them and being so entitled are each added together,
(ii) in case the election relates to any other designated body, is both recognised for such purposes by that designated body and represents not less than fifteen per cent. of the employees of that body who are entitled to vote at the election, or
(b) each of two or more trade unions or other bodies of persons which the returning officer is satisfied between them collectively represent not less than fifteen per cent. of such employees and as regards each of which the returning officer is satisfied that the body is so recognised,
an application in writing requesting him not to proceed with the election, for the purposes of ascertaining whether or not a majority of those entitled to vote at the election is in favour of proceeding further with the election he shall arrange forthwith for the taking of a poll under this section (which poll is in this Act referred to as a “preliminary poll”) and appoint either a day, or a period of more than one but not more than thirty days, which shall be the earliest day or period of days, as the case may be, for the taking of the poll.
num: 19
paragraphs: —Section 15 (3) of the Principal Act is hereby amended by the substitution in paragraph (a) for “following designated bodies, namely, Bord na MÃ³na, CÃ³ras Iompair Ãireann or the Electricity Supply Board” of “designated bodies specified in Part I of the First Schedule to this Act” and the said paragraph (a), as so amended, is set out in the Table to this section.
TABLE
num: 20
paragraphs: —Section 22 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) A person appointed to fill a casual vacancy shall, unless he sooner dies, resigns or becomes disqualified, hold office—
(a) in case the vacancy occurs by reason of no candidate, or of less candidates than there were places to be filled, having been nominated at the last election relating to the designated body concerned, for the period for which the person would have held office had he been elected at that election, or, in case the vacancy is filled after the commencement of that period, for the remainder of that period, or
(b) in case a member or director of such designated body occasions the vacancy, for the remainder of the period during which such member or director, had he continued to be such a member or director, would have held office.”.
num: 21
paragraphs: —Section 23 of the Principal Act is hereby amended by—
(a) the substitution for subsection (2) of the following subsection:
“(2) An order under this section shall fix the number (in this Act referred to as the ‘appropriate number’) of members or directors, as may be appropriate, of the designated body to which the order relates who may for the time being stand appointed under this Act and the number so appointed shall be—
num: 22
paragraphs: —Section 25 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsections:
“(2) The enactments referred to in subsection (1) of this section are—
(a) section 8 (8) of the British and Irish Steam Packet Company Limited (Acquisition) Act, 1965 ;
(b) section 6 (2) of the Electricity (Supply) Act, 1927 ;
(c) section 9 (3) of the Transport Act, 1950 ;
(d) section 14 (3) of the Turf (Development) Act, 1946;
(e) Article 9 of the National Rehabilitation Board (Establishment) Order, 1967.
(3) In this section ‘enactment’ includes a statutory instrument.”.
num: 23
paragraphs: —Section 26 of the Principal Act is hereby amended by the substitution for “designated body” of “specified body”, and the said section, as so amended, is set out in the Table to this section.
TABLE
num: 26
paragraphs: —Each specified body which is a company shall take such steps as may be necessary under the Act of 1963 to alter its memorandum and articles of association to make them consistent with this Act or any order under section 23 or 25 of this Act which applies to the body.
num: 24
paragraphs: —(1) The Principal Act is hereby amended by the substitution for the Schedule thereto of the following Schedules:
num: 25
paragraphs: —Whenever the Minister makes an order in exercise of the powers conferred on him by section 9 or section 24 (2) (a) (ii) of this Act, section 4 (3) of the Principal Act shall apply to such an order as it applies to a regulation made under the Principal Act and accordingly—
(a) each of the references in the said subsection (3) to a regulation shall be construed as including a reference to an order under section 9 or section 24 (2) (a) (ii), as the case may be, of this Act, and
(b) section 4 (4) of the Principal Act shall not be construed as applying to any such order.
num: 26
paragraphs: — Sections 34 and 35 of, and Part I of the First Schedule to, the Postal and Telecommunications Services Act, 1983 , are hereby repealed.
num: 27
paragraphs: —(1) This Act may be cited as the Worker Participation (State Enterprises) Act, 1988.
(2) The Worker Participation (State Enterprises) Act, 1977 , and this Act shall be construed together and may be cited together as the Worker Participation (State Enterprises) Acts, 1977 and 1988.