John Cregan (Limerick West, Fianna Fail)
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Question 252: To ask the Minister for Enterprise, Trade and Employment the situation in relation to a qualified construction worker who finds it difficult to get work due to practices or agreements in the industry; if a report on brick and block laying sectors has been published or is nearing completion; if he can clarify the situation regarding a trade union (details supplied) that prevent him from getting employment; the status or legality of an agreement between the unions and the ten largest contractors; what this person can do to get work since the union will not let him in and employers and contractors will not sign him in; the reason workers can join the union and they cannot. [7286/06]

Tony Killeen (Clare, Fianna Fail)
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Article 40.6.1° of the Constitution guarantees liberty for the exercise, subject to public order and morality, of, inter alia, "the right of citizens to form associations and unions". However, an employer may decide not to recognise a trade union, or to recognise only one trade union and to deal exclusively with that union on issues concerning pay and conditions. Similarly, an employer may decide to recognise several trade unions.

Section 25 of the Industrial Relations Act 1946 provides that the expression "employment agreement" means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers.

Under section 27(1) of the Industrial Relations Act 1946 an employment agreement may be registered with the Labour Court. Section 30(1) of the Industrial Relations Act 1946 provides that a registered employment agreement shall apply to every worker to which it is expressed to apply and his employer shall be bound by the agreement.

There has been a registered employment agreement relating to construction industry wages and conditions of employment since 1967. This agreement was varied for the 23rd time in May 2005. The most recent variation of the agreement was made between the Construction Industry Federation and 16 trade unions representing workers in the construction industry.

Clause 10 of the agreement deals with the engagement of sub-contractors. Recent Labour Court recommendations, based on a 2005 High Court decision, are to the effect that the registered employment agreement applies both to workers who provide their services under contracts of service and to workers who provide their services under contracts for service to a sub-contractor. Accordingly, requirements relating to the employment of the appropriate grades of trade union labour must be complied with.

The rules relating to membership of a trade union are an internal matter for that trade union. Normally, the rules will provide for an appeals mechanism relating to expulsion from the trade union and refusal of membership. The Irish Congress of Trade Unions also has an appeals mechanism for certain issues relating to affiliated trade unions.

With regard to the report on the brick and block-laying sector of the construction industry, this is a matter for the national implementation body and I have no function in the matter. However, I understand that the purpose of this report is to consider all of the issues that would contribute to better industrial relations in the sector and that the report is expected to be finalised soon.