Joe Higgins (Dublin West, Socialist Party)
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Question 377: To ask the Minister for Enterprise, Trade and Employment if the contract for a Bord Gáis network upgrade moves from a company to another company (details supplied), he will ensure that the existing terms and conditions of the 400 construction workers currently employed on the contract, which are governed by the registered employment agreement for the construction industry and include a mandatory pension scheme, are protected under the transfer of undertakings or protection of employment legislation. [36703/06]

Tony Killeen (Clare, Fianna Fail)
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The wages and employment conditions of workers employed by companies in the Construction Industry are governed and safeguarded by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the Labour Inspectorate of this Department. Labour Inspectors are empowered to seek compliance with payment of the statutory minimum rates of pay specified in the Agreement.

While the situation as outlined by the Deputy may constitute a Transfer of Undertakings within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003, it would be a matter for the Rights Commissioner Service of the Labour Relations Commission to decide on a case-by-case basis. In any event the provisions of the Registered Employment Agreement apply to the workers irrespective of whom their employer may be.

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.