Gerald Nash (Louth, Labour) | Oireachtas source

I move amendment No. 26:

In page 25, line 18, after "established" to insert ", to the satisfaction of the Court,".

Section 26 of the Bill inserts a new section 5(7) into the 2001 Act and provides that, where collective agreements concerning the grade, group or category of worker are not commonplace in similar employments to the employment that is the subject of the trade dispute, the court shall have due regard to all evidence presented by the parties whether by way of collective agreements or established by other means. The purpose of amendment No. 26 is to clarify that, when considering the issue of making a recommendation, it will be necessary for the Labour Court to be satisfied regarding the evidence submitted by means other than collective agreements.

Section 27 of the Bill inserts a new section 6(8) into the 2001 Act to provide guidance to the Labour Court when considering the issuing of a determination where a recommendation has not been accepted or where the employer has resiled from the implementation of a previously accepted recommendation. It mirrors the relevant provisions in section 26.

The purpose of amendment No. 27 is to clarify that, when considering the issuing of a determination where a recommendation has not been accepted or where the employer has resiled from the implementation of a previously accepted recommendation, it will be necessary for the Labour Court to be satisfied regarding the evidence submitted by means other than collective agreements.