Andrew Doyle (Wicklow, Fine Gael)
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63. To ask the Minister for Public Expenditure and Reform if there is an up to date pro forma Public Works Contract for minor works; and if he will make a statement on the matter. [4418/14]

Brendan Howlin (Wexford, Labour)
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All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website where the Capital Works Management Framework provides a suite of best practice guidance, standard contracts and generic template documents are available to download for all contracting authorities to provide a consistent approach to the management of public works projects.

The Capital Works Management Framework (CWMF) was introduced on a phased basis from 2007 and became mandatory for all contracting authorities through the issue of Department of Finance Circular 06/10 on 5 May 2010.  The documents are updated and augmented where appropriate to respond to new developments in the industry and changes in the regulatory environment.

A number of standard CWMF contracts may be used for minor works and the current and archived versions are available to download from the above website.  The Short Public Works Contract (PW-CF6 - current version v1.7 27/01/2014) is generally used for Employer-designed projects whose value is less than €500,000 (including VAT).  The Minor Works Contract (PW-CF5 - current version v1.8 27/01/2014) is appropriate where the project is relatively straightforward and the value of the construction contract (including VAT) is greater than €500,000 and less than €5 million. A new framework agreement (version 1.0 12/12/2013) was developed for use with the Term Maintenance and Refurbishment Contract (PW-CF11 - current version 1.1 12/12/2013) and published on the website in December 2013.  The Term Maintenance and Refurbishment Contract and framework agreement may be used to address urgent maintenance requirements or where certain types of planned maintenance and refurbishment and small works are envisaged.

Andrew Doyle (Wicklow, Fine Gael)
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64. To ask the Minister for Public Expenditure and Reform if any of the public works contracts have any reference to any national collective agreement; and if he will make a statement on the matter. [4419/14]

Brendan Howlin (Wexford, Labour)
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The Capital Works Management Framework (CWMF) public works contracts include a clause on Pay and Conditions of Employment which requires all those employed on the works to be paid in accordance with all applicable law.  The following reference is made in relation to payment and conditions of employment of workers:

The Contractor shall ensure that the rates of pay and the conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.

In May 2013, the Supreme Court struck down as unconstitutional the framework for the registration of employment agreements as provided for in the 1946 Industrial Relations Act.  Prior to the Supreme Court decision, Registered Employment Agreements could be enforced by statute and proceedings brought against employers who failed to comply with these requirements.  However, until such time as a mechanism is developed that addresses the Constitutional issues raised by the Supreme Court, collective agreements may only be enforced by the parties to the agreement.

In light of the Supreme Court decision, my Department considered the references in the Pay and Conditions of Employment clause in the public works contracts and is satisfied that no amendments are necessary to the clause.