Page 61 - Workplace Relations Guide to Employment Law
P. 61
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
57