Written answers

Thursday, 23 February 2017

Department of Jobs, Enterprise and Innovation

Industrial Relations

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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425. To ask the Minister for Jobs, Enterprise and Innovation when a sectorial employment order for the bus transport industry will be implemented; and if she will make a statement on the matter. [9353/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Industrial Relations (Amendment) Act of 2015 provides 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 effect a framework to replace the former sectorial Registered Employment Agreement (REA) system which was found to be unconstitutional in 2013 in McGowan - v – The Labour Court.

The new framework sets down a mechanism whereby at the request – made separately or jointly - of 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.

If the Minister is satisfied that the process provided for in the 2015 Act has been complied with by the Labour Court, he shall make the Order. Where such an order is made it will be known as a Sectorial Employment Order (SEO), will be binding across the sector to which it relates, and will be enforceable by the Workplace Relations Commission.

To date four applications for SEOs have been made to the Labour Court – one was withdrawn and one was rejected. The remaining two are being considered by the Labour Court.

No application has been made on behalf of workers or employers in the Transport Sector.

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