Leo Varadkar (Dublin West, Fine Gael)
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Question 623: To ask the Minister for Enterprise, Trade and Employment if Joint Labour Agreements may apply to the self-employed and undertakings as well as employees; and if he will make a statement on the matter. [1146/08]

Leo Varadkar (Dublin West, Fine Gael)
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Question 624: To ask the Minister for Enterprise, Trade and Employment if pay rates and working conditions agreed under the Joint Labour Committee may apply to the self-employed and undertakings as well as employees; and if he will make a statement on the matter. [1147/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I propose to take Questions Nos. 623 and 624 together.

I assume the Deputy's first question refers to Registered Employment Agreements.

Registered Employment Agreements (REAs)

Section 25 of the Industrial Relations Act, 1946 provides that an Employment Agreement is an agreement made either between a trade union and an employer or employer's organisation or at a meeting of a registered Joint Industrial Council, which relates to the pay or conditions of employment of any class, type or group of workers. Section 27 of that Act provides that any party to an employment agreement may apply to the Labour Court to have an agreement registered.

Where the Labour Court is satisfied that the agreement presented satisfies the statutory requirements, it registers the agreement. The effect of this is to make the provisions of the agreement legally enforceable in respect of every worker of the class, type or group to which it is expressed to apply and to his or her employer, even if such worker or employer is not a party to the agreement.

Joint Labour Committees (JLCs)

When a JLC agrees terms and conditions, it makes proposals to the Labour Court. That Court, on foot of a JLC proposal, can make Employment Regulation Orders (EROs). EROs are statutory instruments which set out terms and conditions applying to specified workers in a particular sector. Employers are then bound under penalty to pay wage rates and provide conditions of employment not less favourable than those prescribed.

Section 33 of the Industrial Relations Act 1946 provides that the Labour Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person.

Similarly, Section 57 of the Industrial Relations Act 1946 provides that the Labour Court may at any time, on the application of any person, give its decision on the question whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person.

Therefore, it is open to any person to clarify the applicability of these Orders and Agreements.

The Deputy may be interested to note that a definition of "worker" is provided in Section 23 of the Industrial Relations Act 1990 as follows: "worker" means any person aged 15 years or more who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour . . .' The meaning of the terms "worker" was considered by the High Court in Building and Allied Trades Union and Valentine Scott v The Labour Court and the Construction Industry Federation and Gerry Fleming. In that case, which related to the Registered Employment Agreement for the Construction Industry, Murphy J interpreted the term "worker" as including a subcontractor providing services personally under a contract of service.