Leo Varadkar (Dublin West, Fine Gael)
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Question 119: To ask the Minister for Enterprise, Trade and Employment the implications of the recent court decision with respect to a group (details supplied) challenge to the registered employment agreement; and if he will make a statement on the matter. [12614/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I have noted the decision reached in the High Court on 7 February to quash the Employment Regulation Order, relating to minimum remuneration of workers, made by the Labour Court on foot of proposals from the Hotel Joint Labour Committee on 5 November 2007, and to remit the matter back to the Joint Labour Committee.

The implications of the issues raised during the course of the action requires further reflection by the Hotels Joint Labour Committee, the Labour Court and by my Department. Active consideration is being given to the matter and I understand that a meeting of the Committee took place earlier this week. Consideration of any legislative changes that may be necessary to protect the integrity of the JLC system is also under way in my Department.

I would like to assure Deputies of the Government's ongoing commitment to ensuring that there are adequate systems and processes in place to underpin employment standards.

Leo Varadkar (Dublin West, Fine Gael)
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Question 120: To ask the Minister for Enterprise, Trade and Employment if the registered employment agreement pertaining to construction workers applies to workers taken on as undertaking contractors rather than direct employees; and if he will make a statement on the matter. [12615/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Section 33 of the Industrial Relations Acts 1946 to 2004 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. Therefore, it is open to any person to clarify the applicability of these Agreements.

The Deputy may be interested to note that a definition of "worker" is provided in Section 23 of the Industrial Relations Acts 1946 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, the Court interpreted the term "worker" as including a subcontractor providing services personally under a contract of service.

In this context, the Labour Court has found in a number of cases that self-employed subcontractors in the construction sector are covered by the terms of the Registered Employment Agreements for the Construction Industry.