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Ireland

Trade Union Act, 1971

In short

This law amends and expands the Trade Union Act of 1941, primarily by setting new conditions for bodies to be granted a negotiation licence. It introduces requirements for notification, publication, and a minimum number of members, as well as a deposit with the High Court.

What it regulates

  • The conditions for a body of persons to obtain a negotiation licence.
  • The process for applying for a negotiation licence, including notifications and publications.
  • The requirement for a financial deposit with the High Court for negotiation licences.
  • The ability for a body to apply to the High Court for a declaration that granting a negotiation licence would not be against the public interest.

Who it concerns

  • Bodies of persons seeking to obtain a negotiation licence as a trade union.
  • The Minister for Labour and the Irish Congress of Trade Unions.

Key points

  • To get a negotiation licence, a body must notify the Minister, the Congress, and relevant trade unions, and publish its intention in a daily newspaper, at least eighteen months before applying.
  • The body must have deposited and kept deposited with the High Court an "appropriate sum" based on its membership numbers.
  • The body must show it had at least 500 members resident in the State, both eighteen months before and at the time of the application.
  • Deposits range from £5,000 for up to 2,000 members, increasing with membership, up to a maximum of £15,000 for over 20,000 members.
Legal text
Legal text

Trade Union Act, 1971 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1971 Trade Union Act, 1971 Trade Union Act, 1971 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 33 of 1971 TRADE UNION ACT, 1971 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Grant of negotiation licence. 3. Application to High Court. 4. Expenses. 5. Short title and collective citation. SCHEDULE Act Referred to Trade Union Act, 1941 1941, No. 22 Number 33 of 1971 TRADE UNION ACT, 1971 AN ACT TO AMEND AND EXTEND THE TRADE UNION ACT, 1941 . [10th December, 1971.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “the Act of 1941” means the Trade Union Act, 1941 ; “authorised trade union” has the meaning assigned to it by section 7 of the Act of 1941; “the Congress” means the body known as the Irish Congress of Trade Unions; “the Minister” means the Minister for Labour; “trade union” has the same meaning as in the Trade Union Acts, 1871 to 1952. Grant of negotiation licence. 2.—

(1)Notwithstanding Part II of the Act of 1941 but subject to section 3 of this Act, a body of persons shall not be granted a negotiation licence under that Part unless it is a body which, in addition to fulfilling a condition specified in section 7
(1)(
  1. a)of the Act of 1941, fulfils the following conditions— (
  2. a)that, not less than eighteen months before the date of the application for the negotiation licence it— (
  3. i)notifies the Minister, the Congress and any trade union, of which any members of the body are members, of its intention to make the application, (
  4. ii)causes to be published in at least one daily newspaper published in the State a notice in the prescribed form (within the meaning of the Act of 1941) of its intention to make the application, and (iii) deposited and kept deposited with the High Court the appropriate sum, and (
  5. b)that it shows to the satisfaction of the Minister that, both at a date not less than eighteen months before the date of the application for the negotiation licence and at the date of that application, it had not less than 500 members resident in the State.
(2)Where after the passing of this Act a trade union is formed consisting wholly or mainly of two or more authorised trade unions which have amalgamated and each of which, immediately before the amalgamation, had been the holder of a negotiation licence, subsection
(1)of this section shall not apply to the grant of a negotiation licence to the trade union so formed.
(3)Sections 14 to 16 of the Act of 1941 shall apply in relation to a deposit made with the High Court under this Act as if the deposit were a deposit under the Act of 1941, and in the application of section 15 of the Act of 1941 in relation to a deposit made under this Act “the appropriate sum” shall have the meaning assigned to it by this section.
(4)In this section “the appropriate sum” means the sum appropriate to the number of members of the relevant body in accordance with the Schedule to this Act. Application to High Court. 3.—
(1)A body of persons (in this section referred to as the applicant) which fulfils a condition specified in section 7
(1)(a) of the Act of 1941, and which has deposited and keeps deposited with the High Court the appropriate sum (within the meaning of section 2 of this Act), but otherwise does not fulfil a condition specified in section 2 of this Act, may apply to the High Court for a declaration under this section.
(2)The High Court, after hearing any evidence adduced by the applicant, the Minister, the Congress and any other trade union, may at its discretion declare that the granting of a negotiation licence to the applicant would not be against the public interest.
(3)On the making of a declaration under this section the applicant shall be deemed, for the purposes of section 10 of the Act of 1941, to have been shown to the satisfaction of the Minister to be an authorised trade union. Expenses. 4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Short title and collective citation. 5.—
(1)This Act may be cited as the Trade Union Act, 1971.
(2)The Trade Union Acts, 1871 to 1952, and this Act may be cited together as the Trade Union Acts, 1871 to 1971. SCHEDULE Deposits Section 2
(4).
  1. Where the number of members does not exceed 2,000, the deposit shall be £5,
  3. Where the number of members exceeds 2,000 but does not exceed 5,000, the deposit shall be £5,000 together with £200 for each additional 300 members (or part of 300 members) in excess of 2,000 members.
  4. Where the number of members exceeds 5,000 but does not exceed 10,000, the deposit shall be £7,000 together with £200 for each additional 500 members (or part of 500 members) in excess of 5,000 members.
  5. Where the number of members exceeds 10,000 but does not exceed 20,000, the deposit shall be £9,000 together with £200 for each additional 1,000 members (or part of 1,000 members) in excess of 10,000 members.
  6. Where the number of members exceeds 20,000 the deposit shall be £11,000 together with £200 for each additional 1,000 members (or part of 1,000 members) in excess of 20,000 members, but subject to an overriding maximum of £15,
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