Results 4,661-4,680 of 6,307 for speaker:Gerald Nash

Ceisteanna - Questions (Resumed): World Economic Forum (23 Jun 2015)

Gerald Nash: We are enhancing employment. The ILO said it. Deputy Adams is misleading the House.

Written Answers — Department of Jobs, Enterprise and Innovation: Employment Rights (23 Jun 2015)

Gerald Nash: I propose to take Questions Nos. 305 and 306 together. The Protection of Employment Act 1977 implements Council Directive 75/129/EEC on the approximation of the law of Member States relating to collective redundancies. The purpose of Part II of the Protection of Employment Act 1977 is to facilitate consultation and notification between employers and employees in instances of...

Written Answers — Department of Jobs, Enterprise and Innovation: Job Losses (23 Jun 2015)

Gerald Nash: The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation. The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 1:In page 5, line 18, to delete “other than section 35” and substitute “other than sections 23 and 35”. Amendment No. 1 is a technical amendment to insert a reference in the new section 23, to be proposed in amendment No. 24, and which provides an amendment to the Workplace Relations Act 2015. This amendment excludes section 23 from the...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I appreciate that Deputy Tóibín was unavoidably detained. I have given a lot of consideration to this and have an open mind as to how improvements could be made in terms of enforcement and compliance. We need to acknowledge that there has been a lacuna over the last few years, since the McGowan judgment. We have seen the effects of that, particularly in one industry which has...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: What I have not heard in Deputy Peadar Tóibín's contribution to the debate is reference to the fact that all sides of industry have welcomed the general structure and reintroduction of SEOs. In recent years there has been a gap and exploitation has occurred. That is my view and I have said it publicly before and will say it again. The reintroduction of a system such as this can...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 2:In page 5, line 20, after “Part 3” to insert “, other than section 35,”.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 3:In page 5, between lines 27 and 28, to insert the following:“Definitions 2. In this Act—“Act of 2015” means the Workplace Relations Act 2015; “Minister” means the Minister for Jobs, Enterprise and Innovation.”.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: There is no need to amend section 7 along the lines proposed in the amendment. The purpose of the amendment is to allow an employer to sign up to an existing REA as a new party. Section 8 already provides a mechanism by which an REA can be varied in its application to any worker to whom it might apply. The variation provisions under that section will allow for an application by a new...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: We have considered the matter over time and that is the advice we have received. It is the parties which are subject to the agreement that need to vary it.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: The advice we received was that parties subject to an agreement might not agree that additional parties should be subject to it. That is the advice we have received and the position we have taken and I do not intend to change it.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: It is not necessarily the case that an employer would like to sign up to an REA, given that employers can develop their own REAs. There is flexibility to allow this to happen. It must be a dynamic system. This might address the Deputy's concerns, which I understand. Nothing is preventing an employer from working with his or her employees to develop an REA that would be exclusive to them,...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: It is an agreement.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 5:In page 9, lines 20 and 21, to delete “Labour Relations Commission” and substitute “Workplace Relations Commission”. The purpose of amendments Nos. 5 and 6 is to change the reference to “Labour Relations Commission” in section 8(5) and 8(6) to “Workplace Relations Commission”. This arises following the enactment...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I do not think it will become the default option. I understand the Deputy’s concerns. We have ironed this out. It has been the subject of much discussion between employers and trade unions and everybody is satisfied with that provision, but I do not expect it will become the default position.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 6:In page 9, line 22, to delete “Labour Relations Commission” and substitute “Workplace Relations Commission”.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: Section 9(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. 7 is to require the court to give three months’ notice to the trade union of its decision and to allow...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I understand where the Deputy is coming from. There would, however, be a question about the appropriateness of allowing an REA to trundle along, as it were, for several months after the Labour Court had found that the trade union was no longer substantially representative of the workers covered by the agreement. That would pose all kinds of legal questions.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I am glad that the Deputy has acknowledged the protections that have been afforded to agency workers under the Protection of Employees (Temporary Agency Work) Act 2012, which provides that an agency worker is entitled to the same basic working and employment conditions that apply to employees recruited directly by the hirer firm to do the same or a similar job. Everybody would welcome that....

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: It absolutely applies under the 2012 Act.