Written answers

Wednesday, 14 January 2015

Department of Jobs, Enterprise and Innovation

Registered Employment Agreements

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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230. To ask the Minister for Jobs, Enterprise and Innovation if a sectoral registered employment agreement as provided for in the Industrial Relations (Amendment) Bill 2014 will be enforceable where workers are employed by a subcontractor. [49620/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Industrial Relations (Amendment) Bill 2014 will provide for a new statutory framework for establishing minimum rates of remuneration and other terms and conditions of employment for a specified type, class or group of workers, in a particular economic sector. This new framework proposes a mechanism whereby, in future, at the request, separately or jointly from organisations substantially representative of employers and/or of workers, the Labour Court can initiate a review of the pay and pension and sick pay entitlements of workers in a particular sector and, if it deems it appropriate, make a recommendation to the Minister on the matter, who in turn, if satisfied that the process provided in the new legislation for the Labour Court to follow has been complied with, he/she shall make the Order. Such an Order will be binding across the sector to which it relates and will be enforceable by the National Employment Rights Authority.

It is important to bear in mind that this approach is not reflective of the system struck down by the Supreme Court which provided for employment agreements made between trade unions and employer representatives being given general application by being registered by the Labour Court. As such, the Bill does not propose that registered employment agreements be given sectoral effect.

However, as I outlined in my reply to Parliamentary Question No. 44624/14 of 20th November 2014 from the Deputy on the same issue, Ireland’s robust suite of employment rights legislation, including any Order made under the proposed Industrial Relations (Amendment) Bill, will apply to all workers, whether employed by a sub-contractor or other class of employer.

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