Pat Carey (Dublin North West, Fianna Fail)
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Question 277: To ask the Minister for Enterprise, Trade and Employment if a local labour clause will be enforced in construction contracts where workers feel they are being displaced by workers who will work for lower wages and in less regulated conditions; and if he will make a statement on the matter. [38763/05]

Tony Killeen (Clare, Fianna Fail)
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The wages and employment conditions of workers employed in the construction industry are governed by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the labour inspectorate of the Department. The enforcement of the provisions of a registered employment agreement may also be effected under the Industrial Relations Acts. A trade union, an association of employers or an individual employer may complain to the Labour Court that a particular employer is not complying with a registered employment agreement. If, after investigating a complaint, the court is satisfied that the employer is in breach of a registered employment agreement it may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine.

There are no provisions relating to a local labour clause contained in registered employment agreements and there are currently no plans for any relevant changes to the Industrial Relations Act to make such provision. Registered employment agreements, such as that applying in the construction sector, are the result of negotiation and agreement between the parties concerned. Accordingly, it is a matter for the parties concerned to consider whether any variation in the provisions of their agreement is warranted. Such agreements attract legal enforcement status, and national applicability, as a consequence of registration with the Labour Court in accordance with the Industrial Relations Acts. It is only once the agreement has such legal status that the labour inspectorate has a role to enforce relevant employment rights terms in the agreement. It is incumbent on those parties undertaking such agreements to ensure that the terms and conditions set out are realistic to the point that non-compliance can be easily and verifiably established so as to underpin enforcement in a practical fashion.