Excepted Body

 

The Industrial Relations (Amendment) Act 2015 defines an “Excepted Body” as:

“a body that is independent and not under the domination and control of an employer or trade union of employers, all the members of which body are employed by the employer, and which carries on engagements or negotiations with the object of reaching agreement regarding the wages or other conditions of employment of its own members but of no other employees”.

Why establish an Excepted Body?

To refer a Dispute to the Labour Court it must be established that it is not the practice of the employer to engage in Collective Bargaining with a Trade Union or an “Excepted Body”. If the employer can show that an established practice of engaging with an Excepted Body on employee terms and conditions exists within the workplace then this will provide a defence under this legislation.

Is there a legal requirement to have Collective Bargaining in the Workplace?

There is no legal requirement to have Collective Bargaining arrangements in place within the workplace. However, “the Act” provides a mechanism whereby disputes relating to employee Terms and Conditions can be referred to the Labour Court for investigation and a legally binding outcome, where it is shown that the employer does not engage in collective bargaining with a Trade Union or an Excepted Body.

Does the Act provide for compulsory Union Recognition?

No

 

 

What are the Key Characteristics of an Excepted Body?

 

  • Independence: It must be independent and not under the “domination or control” of an employer or an employer’s trade union. In determining whether a “real” independence exists, the Labour Court will look at financial and administrative circumstances such as:

(a). The manner and frequency of elections of the employees (b). The financing or resourcing that is provided by the employer

(c). The length of time the body has been in existence The Court must be satisfied that the body in question is not influenced by the employer in any way and that it holds real power and a willingness to negotiate change on behalf of the employees in question.

  • Membership: All its members must be employed by the same employer (or an associated employer).
  • Purpose: Its primary function is to represent its members in negotiations regarding pay and employment conditions.
  •  There is no official registration process that is required for an Excepted Body to be established.
  • An Employer would have to show an established practice of engaging with an Excepted Body on Terms and Conditions of Employment would need to be proven. A once-off occurrence will not be sufficient.
  • Collective Bargaining: It can legally negotiate for the “fixing of wages” or other conditions of employment without needing a formal trade union negotiation licence.
  • Enforcement: If an employer fails to comply with a decision of the Workplace Relations Commission (WRC) or the Labour Court, an excepted body can apply to the District Court for an enforcement order on behalf of the employees.
  • Dispute Investigation: It can request that the Labour Court investigate a trade dispute if collective bargaining is not the employer’s usual practice.
  • Protection from Victimisation: Employees are legally protected from being victimised by their employer for engaging in activities on behalf of an Excepted Body.
  • “Engagement” with the Excepted Body must take the form of real negotiation with a view to reaching an agreement. Providing Information and consultation only will not be enough.

Conclusion:

“The Act” provides a mechanism whereby, disputes relating to employee Terms and Conditions, can be referred to the Labour Court for investigation and a legally binding outcome, where it is shown that the employer does not engage in collective bargaining with a Trade Union or an Excepted Body.