Dara Calleary (Mayo, Fianna Fail)
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To ask the Minister for Jobs, Enterprise and Innovation his policy on joint labour committees; and if he will make a statement on the matter. [37420/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Industrial Relations (Amendment) Act 2012 was enacted on 24 July 2012 and commenced on 1 August 2012. The main purpose of the Act is to implement the commitment in the Programme for Government to reform the Joint Labour Committee system. The Act provides for a radical overhaul of the system so as to make it fairer and more responsive to changing economic circumstances and labour market conditions. It reinstates a robust system of protection for low paid and vulnerable workers in these sectors in the aftermath of the 2011 High Court ruling in the John Grace Fried Chicken case.

In addition, the Act provides for the more comprehensive measures required to strengthen the legal framework for the Employment Regulation Orders and Registered Employment Agreement sectoral wage setting mechanisms, under the Industrial Relations Acts 1946 to 2004, in the light of deficiencies in the original legislation identified in the High Court judgment.

The new Section 41A of the Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) provides that reviews of the JLCs will be carried out by the Labour Court, as soon as practicable after the commencement of the Act. I understand that the work will begin on the process shortly. The outcome of these reviews will inform the Labour Court as to whether any JLC should be maintained in its current form, amalgamated with another JLC or its establishment order amended (new section 41(A) (4) of the 1946 Act). Accordingly, any discussion in an existing JLC on a new Employment Regulation Order would be seen as anticipating the outcome of the reviews.

I have also moved to implement a number of additional reforms that will complement the measures provided for in the Bill and which arise from the Duffy/Walsh Report. Using my powers under section 40 of the Industrial Relations Act, 1946, I have requested the Labour Court to put in train the necessary steps for the abolition of the three JLCs (the Aerated Waters and Wholesale Bottling; Provender Milling and Clothing JLCs) as set out in Recommendation 3 of the Duffy/Walsh Report, on the basis that these sectors have declined considerably in terms of numbers employed, or have effectively ceased to function as wage fixing bodies.

I have also asked the Labour Relations Commission to begin work on the formulation of two Codes of Practice. The first, on Sunday Working, will provide guidance to employers, employees and their representatives in sectors covered by Employment Regulation Orders, on arrangements that may be put in place to comply with the options specified at section 14 of the Organisation of Working Time Act, 1997. The second will address the standardisation of benefits in the nature of pay – including overtime and the conditions under which it becomes payable – across sectors covered by JLCs.