Billy Timmins (Wicklow, Fine Gael)
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Question 118: To ask the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied); and if he will make a statement on the matter. [16000/12]

Richard Bruton (Dublin North Central, Fine Gael)
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I understand that the documentation provided by the Deputy relates to the position of the Construction Industry Federation and SIPTU respectively in relation to amendments proposed by the CIF to the terms and conditions of employment for workers in the construction sector currently set out in the Registered Employment Agreement. I understand that the parties to the Joint Industrial Council for the construction industry have been meeting regularly to discuss various issues, including the review of the terms of the Registered Employment Agreement.

Any party to a Registered Employment Agreement may apply to the Labour Court to vary the agreement under the terms of Section 28 of the Industrial Relations Act, 1946. The terms of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, 2011 which provided for a 7.5% reduction in basic rates came into effect on 4th February, 2011. At that time the parties to the Registered Employment Agreement agreed to the Labour Court's original recommendation in the matter of June 2010 in which it recommended that the pay terms of the agreement be the subject of review in 2012.

Finian McGrath (Dublin North Central, Independent)
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Question 119: To ask the Minister for Jobs, Enterprise and Innovation if he will review a matter in respect of a person (details supplied). [16025/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal and the Labour Court are independent in the exercise of their quasi-judicial functions. However, having made enquiries, I understand that in the case of the person referred to, the Tribunal issued a determination, pursuant to the Unfair Dismissals Acts 1977 to 2007, in her favour on 24 January 2012. Pursuant to the Organisation of Working Time Act 1997, the Labour Court issued a determination in her favour on the 14th January 2011.

On receipt of a favourable determination, a claimant should communicate with an employer about the means by which the terms of the determination will be implemented. An employer has six weeks from communication of a determination to either appeal it to the Tribunal or the Labour Court (as appropriate) or to comply with its provisions. If, on expiry of this six week period, the employer has neither appealed the determination nor complied with its provisions, the employee concerned or her trade union may apply to the Circuit Court for an order directing the employer to implement the determination.

In some circumstances, it may be possible to invoke the Department's assistance in enforcement of a court order. A request of this nature should be made in the first instance to: Enforcement Services Section Workplace Relations Customer Services (part of NERA) Department of Jobs, Enterprise and Innovation O'Brien Road Carlow. Lo Call 1890 80 80 90 www.workplacerelations.ie

In the specific case referred to, the National Employment Rights Authority (NERA) has also undertaken to contact the former employer regarding the non-payment of the awards and for the purposes of carrying out a workplace inspection of the employer records. Allegations of non-payment of tax should be referred directly to the Office of the Revenue Commissioners.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Question 120: To ask the Minister for Jobs, Enterprise and Innovation if he will review a matter in respect of a person (details supplied). [15873/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal and the Labour Court are independent in the exercise of their quasi-judicial functions. However, having made enquiries, I understand that in the case of the person referred to, the Tribunal issued a determination, pursuant to the Unfair Dismissals Acts 1977 to 2007, in her favour on 24th January 2012. Pursuant to the Organisation of Working Time Act 1997, the Labour Court issued a determination in her favour on the 14th January 2011.

On receipt of a favourable determination, a claimant should communicate with an employer about the means by which the terms of the determination will be implemented. An employer has six weeks from communication of a determination to either appeal it to the Tribunal or the Labour Court (as appropriate) or to comply with its provisions.

If, on expiry of this six week period, the employer has neither appealed the determination nor complied with its provisions, the employee concerned or her trade union may apply to the Circuit Court for an order directing the employer to implement the determination.

In some circumstances, it may be possible to invoke the Department's assistance in enforcement of a court order. A request of this nature should be made in the first instance to: Enforcement Services Section Workplace Relations Customer Services (part of NERA) Department of Jobs, Enterprise and Innovation O'Brien Road Carlow. Lo Call 1890 80 80 90 www.workplacerelations.ie

In the specific case referred to, the National Employment Rights Authority (NERA) has also undertaken to contact the former employer regarding the non-payment of the awards and for the purposes of carrying out a workplace inspection of the employer records. Allegations of non-payment of tax should be referred directly to the Office of the Revenue Commissioners.