Written answers

Thursday, 10 October 2013

Department of Jobs, Enterprise and Innovation

Joint Labour Committees Agreements

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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25. To ask the Minister for Jobs, Enterprise and Innovation his plans to deal with the court ruling on joint labour committees; and if he will make a statement on the matter. [42732/13]

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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41. To ask the Minister for Jobs, Enterprise and Innovation the way he will ensure that the employers will fully engage with the JLC process and the reaching of agreements that deliver a living wage for low paid workers. [42601/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 25 and 41 together.

On 2 October last, I published the Report of the Labour Court's Review of the Joint Labour Committee (JLC) system. The Report owes its genesis to Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) which provides that reviews of each JLC 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. 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.

I have accepted the recommendations contained in the Report.

In publishing the Report and outlining the legal steps necessary for implementation of the Labour Court's recommendations, I have been particularly mindful of issues arising as a result of the recent Supreme Court ruling in relation to Registered Employment Agreements (the McGowan case).

With the exception of the Agriculture JLC, implementation of the recommendations regarding the scope of the other nine JLCs will be given effect by way of Ministerial Order. As the Agricultural Workers JLC was established under primary legislation (the Industrial Relations Act 1976), an amendment to the Establishment Order requires amending primary legislation. I anticipate that the Establishment Orders necessary to give effect to the recommendations regarding the other nine JLCs will be made over the coming weeks.

At the conclusion of this process there will be eight JLCs remaining - and this will drop to seven when the legislation required to implement the recommendation relating to the Catering JLCs is enacted - leaving slightly over half the number that operated at the beginning of the reform process which I pursued on coming to Office. This latest development sits squarely within the context of the change required to improve Ireland's competitiveness by enhancing wage flexibility while also ensuring protection for vulnerable workers.

The Industrial Relations Acts provide the legislative framework within which JLCs are established and function, including provisions in relation to the formulation and confirmation of Employment Regulation Orders. While I would urge all parties to engage constructively in the reformed JLC system, in accordance with the voluntarist nature of our industrial relations system in Ireland, I have no powers to compel employers or trade union representatives to participate on any committee or to compel either side to reach agreement.

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