Leo Varadkar (Dublin West, Fine Gael)
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Question 118: To ask the Minister for Enterprise, Trade and Employment his view on any possible conflict between competition law and joint labour committees; and if he will make a statement on the matter. [4382/08]

Leo Varadkar (Dublin West, Fine Gael)
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Question 119: To ask the Minister for Enterprise, Trade and Employment his view on any possible conflict between competition law and registered employment agreements; and if he will make a statement on the matter. [4384/08]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 118 and 119 together.

Joint Labour Committees (JLCs):

Joint Labour Committees (JLCs) are established by order of the Labour Court under Section 35 of the Industrial Relations Act 1946. JLCs discuss and agree terms and conditions to apply to specified workers in certain sectors.

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.

JLCs are made up of equal numbers of employer and worker representatives appointed by the Labour Court and a chairman appointed by the Minster for Enterprise, Trade and Employment.

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 employers 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.

As the Deputy is aware, the interpretation of legislation is a matter for the Courts. I am not aware of any Court decision which has established that there is any conflict between competition law and JLCs/REAs. As the Deputy is also aware, a review of the operation and implementation of the Competition Act 2002 is currently underway and in the course of that review, all submissions, including the matters raised in the Deputy's questions, will be considered.