James Browne (Wexford, Fianna Fail)
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204. To ask the Minister for Jobs, Enterprise and Innovation the parties that were involved in the abolition of the EAT and Rights Commissioners in order to set up the WRC; and if she will make a statement on the matter. [37807/16]

Pat Breen (Clare, Fine Gael)
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On 24^thJuly 2012, the Government approved the General Scheme of the Workplace Relations Bill and the priority drafting thereof. This Bill was required to give effect to the Government Decision of 15^thNovember 2011 to rationalise the State’s existing employment rights and industrial relations dispute resolution bodies. Following on from these Government decisions the Minister for Jobs, Enterprise and Innovation has undertaken and completed an extensive programme of reform of the State’s employment rights and industrial relations procedures. The legislation which has given statutory effect to the reform programme, namely the Workplace Relations Act 2015, was enacted on 20^thMay, 2015.

During the preparatory stage of this legislation, the Minister engaged in extensive public consultation in framing the proposals for a radical reform of the State’s Workplace Relations Services. This process included two extensive public consultation exercises and the publication of two policy papers which helped inform the design and delivery of the reform. The responses received from stakeholders demonstrated a strong consensus around the need for reform and the shape that reform should take. The Policy document ‘Legislating for a World Class Workplace Relations Service’ was submitted to the Joint Oireachtas Committee on Jobs, Enterprise and Innovation in July, 2012 and the Minister had a constructive dialogue with the Committee in July, 2012 on the basis of the document.

Numerous meetings also took place with interested parties, representative of employees, employers and equality interests including IBEC and ICTU to get their input into the process.

The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1^stOctober 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA). Three of the bodies listed above have been dis-established following the transfer of their functions to the WRC. The Employment Appeals Tribunal will be dis-established once it has dealt with the caseload submitted to it prior to 1^stOctober 2015.

The putting in place of the Workplace Relations Act 2015 is the most far-reaching legislative reform in the area of employment and industrial relations in almost 70 years. The result is a more straightforward and user friendly system allowing both expert and non-expert users navigate their way around the employment and industrial relations machinery.

James Browne (Wexford, Fianna Fail)
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205. To ask the Minister for Jobs, Enterprise and Innovation the decisions of the WRC that are legally enforceable; and if she will make a statement on the matter. [37808/16]

Pat Breen (Clare, Fine Gael)
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The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1^stOctober 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA).

Section 41 of the Workplace Relations Act 2015 provides that an employee, or his/her representative may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1or 2 of Schedule 5of the Act. Where such complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer. A party to proceedings under section 41 may appeal a decision of an adjudication officer to the Labour Court.

The employer is required to implement the decision of the adjudication officer within 56 days from the date on which the notice in writing of the decision was given to the parties. In the case of an appeal, the decision of the Labour Court is required to be implemented within the 42 days from the date on which the notice in writing was given to the parties.

In circumstances where an employer fails to implement a decision of an Adjudication Officer of the Workplace Relations Commission, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time periods, an application may be made to the District Court for an order directing the Employer to carry out the decision.

The application can be made by the following:

- The employee (or legal representative on his/her behalf)

- A Trade Union, with consent of employee, or

- An excepted body of which the employee/complainant is a member.

The Workplace Relations Commission has discretion, having regard to resources, available capacity, cost, and the particular circumstances of a case, to accept a request to make an application to the District Court on behalf of the employee.

Failure to comply with an order of the District Court is a criminal offence under section 51 of the Act. A person found guilty of such an offence, shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

The enforcement of complaints or disputes which were presented or referred to a Rights Commissioner, the Employment Appeals Tribunal or the Equality Tribunal before 1st October, 2015 are subject to the law which existed before the commencement of the Workplace Relations Act 2015.

James Browne (Wexford, Fianna Fail)
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206. To ask the Minister for Jobs, Enterprise and Innovation if she will address a matter (details supplied) regarding a clause; and if she will make a statement on the matter. [37809/16]

Pat Breen (Clare, Fine Gael)
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The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1^stOctober 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA).

Section 41 of the Workplace Relations Act 2015 provides that an employee, or his/her representative may present a complaint to the Director General of the WRC that the employee’s employer has contravened a provision specified in Part 1or 2 of Schedule 5of the Act. Where such a complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an Adjudication Officer.

Section 44 of the Workplace Relations Act 2015 provides that either party may appeal a Decision of an Adjudication Officer to the Labour Court in writing not later than 42 days from the date of the Decision.

The appeal form to the Labour Court may be accessed on www.workplacerelations.ie.

I am informed by the WRC that the wording in the clause provided by the Deputy is not used in any publication from the WRC.