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Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: Section 10(5) of the Bill provides that the Labour Court may cancel the registration of an employment agreement if it is satisfied that a trade union that was a party to the agreement is no longer substantially representative of the workers concerned. The purpose of amendment No. 2 is to require the court to give three months' notice to the trade union of its decision to allow for an appeal...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: Section 13 of the Bill provides for a definition of remuneration for the purposes of a Labour Court recommendation for the terms of a sectoral employment order. The definition is based on the definition of remuneration included in the Protection of Employees (Temporary Agency Work) Act 2012. The definition includes basic pay and a list of other elements in excess of basic pay that may be...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: The sectoral employment orders will be permitted to cover areas to do with pensions. Senator Walsh has made a strong case for sectoral employment orders in the private sector because they can also include, as expressed in the Bill, coverage for pensions. We would all welcome that. As Senator Walsh will be aware, the JLC system fell foul of the superior courts a couple of years ago. The...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: Section 14 of the Bill provides that a trade union of workers or a trade union or organisation of employers which the Labour Court is satisfied is substantially representative of workers or employers in a particular sector may, separately or jointly, request the Labour Court to examine the terms and conditions related to the remuneration and the sick pay or pension of workers in the sector...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: The purpose of amendment No. 7 is to add trade union membership or activity to the activities in respect of which an employer may not penalise a worker to whom a sectoral employment order applies. A number of protections are in place for workers who consider that they have been subjected to victimisation in the workplace. Any worker who finds himself or herself the subject of victimisation...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: I shall speak on the group of amendments. Amendment No. 8 seeks to provide a role for trade union officials in the enforcement of REAs, or registered employment orders, which are more correctly entitled sectoral employment orders, and employment regulation orders. The amendment would also provide for the Minister to make regulations providing for a right of access by trade union officials...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: In fairness to Senator Cullinane, he has made a strong case for me to consider this particular amendment, as have his colleagues in the Dáil. I cannot, for the reasons I have set out previously, accept the amendment. The pensions issue has been given careful consideration by the Government, particularly the Tánaiste. She has recently introduced regulations and approved amendments...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: I am glad to have the opportunity to address that particular point. Section 30 inserts, inter alia, section 5(4) to 5(8) in the Principal Act to provide guidance to the Labour Court in the context of considering whether to make a recommendation on a dispute and the procedures to follow in assessing whether the totality of the remuneration and conditions of employment of the workers concerned...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: I thank Senators for their support and for the lively and robust debate we have had over recent weeks on the various Stages of the Bill. This is a very important step forward in industrial relations and fulfils a significant programme for Government commitment introduced by the Labour Party. I pay tribute to the former leader of the Labour Party, Tánaiste and Minister for Foreign...

Written Answers — Department of Jobs, Enterprise and Innovation: Employment Data (14 Jul 2015)

Gerald Nash: Last February, I commissioned the University of Limerick (UL) to carry out a study into the prevalence of zero-hour and low-hour contracts and their impact on Irish employees. The key objectives of the study are: - To fill the gap in knowledge that currently exists in terms of the hard data and information that is available concerning the prevalence of zero hour and low hour contracts in...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: In regard to amendment No. 48, the Schedule to the Act already provides the Minister with the possibility of removing a member of the commission from office if the member has committed a stated misbehaviour or the removal appears to be necessary for the effective performance by the commission of its functions. I would expect that an employer member who commits an offence under the National...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 49: In page 9, line 25, to delete “or” where it secondly occurs.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 50: In page 9, to delete lines 26 to 29 and substitute the following:“(e) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, (f) is a person to whom a declaration under section 150 of the Companies Act 1990 applies, or (g) is...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I thank Deputy Tóibín for the proposed amendment. The proposal is to introduce in a new section 7 of the Bill anti-victimisation provisions for workers who make statements to the Low Pay Commission or who give evidence to the commission via a representative organisation. I recognise and respect the Deputy's intention in terms of tabling the amendment, but there is already a number...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 28:In page 7, to delete lines 21 and 22.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 29:In page 7, to delete lines 23 to 27.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 31:In page 7, after line 27, to insert the following: “PART 3 WORKPLACE RELATIONSDefinition 11.In this Part—“Act of 2015” means the Workplace Relations Act 2015; “Minister” means the Minister for Jobs, Enterprise and Innovation.”.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 32:In page 7, after line 27, to insert the following:“Amendment of Industrial Relations Act 1946 12.(1) The Industrial Relations Act 1946 is amended by the insertion, in section 21, of the following subsection:“(5) A document purporting to be signed by the chairman or the registrar of the Court stating that—(a) a person named in the document was, by...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 33:In page 7, after line 27, to insert the following:“Amendment of Redundancy Payments Act 1967 13.(1) The Redundancy Payments Act 1967 is amended by the insertion of the following section:“Appeal to Labour Court from decision of adjudication officer 39A.Section 44 of the Act of 2015 shall apply to a decision of an adjudication officer given in relation to...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 34:In page 7, after line 27, to insert the following: “Amendment of Unfair Dismissals Act 1977 14. (1) Section 8 of the Unfair Dismissals Act 1977 is amended—(a) by the substitution of the following subsection for subsection (1):“(1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the...

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