Written answers

Wednesday, 22 May 2013

Department of Jobs, Enterprise and Innovation

Joint Labour Committees Reviews

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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38. To ask the Minister for Jobs, Enterprise and Innovation when he will respond to the Labour Court recommendations on the review of the JLCs. [24462/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The new Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) provides that reviews of each Joint Labour Committee (JLC) will be carried out by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter.

In this context, the Labour Court appointed Ms Janet Hughes to undertake the review of the 10 existing JLCs on its behalf. The Review was completed on April 12th last.

The review assisted the Labour Court’s deliberations as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or its establishment order amended and the Labour Court is required to make recommendations to me to this effect.

The Labour Court submitted its report of the review and recommendations in relation to the 10 existing JLCs to me on 22nd April last. The report is detailed, comprehensive and complex and will require careful examination and consideration.

Since its receipt, the Supreme Court, on 9 May last, issued its decision in relation to the constitutionality of Registered Employment Agreements (McGowan and others v The Labour Court, Ireland and the Attorney General). I am concerned that this decision may have implications for Joint Labour Committees and Employment Regulation Orders. While I am anxious to progress the matter, it is my intention to ensure that whatever action I propose to take on foot of the Report is undertaken within a robust legal framework. I have sought specific legal advice on this point and will respond in accordance with that advice.

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