Page 61 - Workplace Relations Guide to Employment Law
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Workplace Relations Commission -
         Guide to Employment, Labour and Equality Law









         11 Equality




         Employment Equality                 Collective Agreements

         The Employment Equality  Acts 1998 to   In cases where an employer recognises
         2011 cover employees in both the public   a trade union  or a group of unions, it is
         and private sectors as well as applicants for   common to engage in collective bargaining
         employment and training.            to  negotiate agreements.  A  collective
                                             agreement is one made by or on behalf of an
         The  Acts outlaw discrimination in work-  employer and a representative trade union
         related areas such as pay, vocational training,   which governs pay and/or other conditions
         access to employment, work experience and   of employment.
         promotion. Cases involving harassment and
         victimisation at work are also covered by   Under section 9 of the Employment
         the  Acts.  The publication of discriminatory   Equality Acts 1998-2011, any provision in a
         advertisements and discrimination by   collective agreement or other order which
         employment agencies,  vocational training   discriminates on any of the nine grounds may
         bodies and certain other bodies, e.g.   be declared null and void. This includes an
         trades unions and employer associations,   agreement which results in a discriminatory
         is outlawed. Collective agreements may   difference in pay.
         be referred to the  Workplace Relations
         Commission for mediation or investigation.
                                             The agreements and orders which may
                                             be challenged are: collective  agreements,
         The nine grounds on which discrimination is   Employment  Regulation  Orders  and
         outlawed by the Employment Equality Acts
         are as follows:                     Registered Employment Agreements.

          4  Gender
          4  Civil status                    Occupational Pensions
          4  Family status
          4  Sexual orientation              Occupational pensions are, broadly speaking,
          4  Religious belief                pensions established by an employer for
          4  Age                             employees (as distinct from ones provided by
          4  Disability                      the State through the social security system).
          4   Race colour, nationality, ethnic or
             national origins                In accordance with Part VII of the Pensions
          4   Membership of the Traveller    Act 1990 (as amended by the Social Welfare
             community                       (Miscellaneous Provisions)  Act 2004) it is


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