Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

This is a technical amendment to section 42(4)(b). It reflects the drafter's proposed reconfiguration of the Schedules. Senators Norris and Craughwell queried why trade unions had been singled out for mention in section 42(3)(a) of the Bill. This section 42(3)(a) provides for the presentation of complaints by an agency worker or any trade union of which the agency worker is a member, that a hirer within the meaning of the Protection of Employees (Temporary Agency Work) 2012 has contravened sections 11, 24 or 14 of the Act. The language used mirrors the wording of Paragraph 11B of Schedule 2 of the temporary agency workers Act which sets out the redress provisions under the 2012 Act. I draw the Senator's attention to the fact that this wording is not in fact unique to the Protection of Employees (Temporary Agency Work) Act. Many pieces of employment rights legislation use the same wording which provides that unions can present a complaint on behalf of an employee. These include the Organisation of Working Time Act, the Protection of Employees (Fixed-Term Work) Act and the Protection of Employees (Part-Time Work) Act. The wording in each piece of employment rights legislation is the product of careful consideration of the nuances around each piece of legislation and consultation with stakeholders. Section 42(3)(a) simply reflects the wording of Paragraph 11B of the said Act. This is how it should be and the Workplace Relations Bill is not the appropriate place to make substantive changes. There was a concern that there were different treatments in different Acts but that is the nature of the originating Act which makes different provisions which we do not wish to disturb.