Written answers

Wednesday, 15 December 2010

Department of Enterprise, Trade and Innovation

Industrial Relations

11:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context

Question 233: To ask the Minister for Enterprise, Trade and Innovation the legislation or statute which allows the Labour Court to support the 11 unregistered joint industrial councils for the electrical contracting industry and the legislation or statute that allows these JICs to speak for an entire industry; and if he will make a statement on the matter. [47581/10]

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context

Question 234: To ask the Minister for Enterprise, Trade and Innovation the legislation or statute that allows the Labour Court to provide a chairman and secretary at the taxpayer's expense to an unregistered joint industrial council; and if he will make a statement on the matter. [47582/10]

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context

Question 235: To ask the Minister for Enterprise, Trade and Innovation if agreements made at unregistered joint industrial councils are not legally binding for the entire industry but apply only to the parties represented by the JIC; and if he will make a statement on the matter. [47584/10]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 233, 234 and 235 together.

A Joint Industrial Council (JIC) is a voluntary negotiating body for an industry or part of an industry and is representative of employers and workers. JICs are designed to facilitate collective bargaining at industry level in certain sectors. A JIC may apply to the Labour Court for registration if it fulfils the following conditions set out in Section 59 of the Industrial Relations Act, 1946:

(a) that it is substantially representative of workers of a particular class, type or group and their employers,

(b) that its object is the promotion of harmonious relations between such employers and such workers, and

(c) that its rules provide that, if a trade dispute arises between such workers and their employers a lock-out or strike will not be undertaken in support of the dispute until the dispute has been referred to the association and considered by it.

If satisfied that these conditions are met, the Court will place the JIC on the Register of Joint Industrial Councils

At present there are three Joint Industrial Councils on the Register and, as required by Section 23(3) of the Industrial Relations Act, 1946, details of these are included in the Court's Annual Reports, which are available at www.labourcourt.ie.

In addition, there are a number of other JICs, including the JIC for the electrical contracting industry, which have not applied for registration. In accordance with its role in the promotion of good industrial relations, the Labour Court facilitates the Councils - both registered and unregistered - by making available an officer of the Court to act as secretary at their meetings. Some JICs are chaired by Industrial Relations Officers of the Labour Relations Commission, in accordance with Section 25 (1) (i) of the Industrial Relations Act 1990.

Employment Agreements may be presented to the Labour Court for registration. 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. Where the Labour Court is satisfied that the agreement presented satisfies the statutory requirements set down in section 27 of the Industrial Relations Act, 1946, 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.

Comments

No comments

Log in or join to post a public comment.