Gerald Nash (Louth, Labour) | Oireachtas source

Section 10(5) provides that the Labour Court may cancel the registration of an employment agreement if it is satisfied the trade union party to the agreement is no longer substantially representative of the workers concerned. The purpose of amendment No. 3 is to require the court to give three months' notice to the trade union of its decision and to allow for an appeal within six weeks of the decision. Any consideration by the Labour Court as to whether a trade union is no longer substantially representative of the workers concerned would require the court to engage with the union in advance and to consider submissions from the union on the issue.In this regard the union would clearly have advance notice of the Labour Court's consideration.

It is not considered appropriate to allow an REA to remain in place for three months after it has been determined by the Labour Court that a trade union is no longer substantially representative of the workers. It is also important to remember that the cancellation of an REA does not affect an individual worker's entitlement to the terms of an REA under their personal contract of employment, which can only be changed by agreement between the worker and the employer. Accordingly, I cannot accept the amendment.