Written answers

Tuesday, 3 December 2019

Department of Jobs, Enterprise and Innovation

Joint Labour Committees

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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95. To ask the Minister for Jobs, Enterprise and Innovation the reason only two out of seven joint labour committees are functioning and have produced employment regulation orders; and her plans to ensure that other sectors including agriculture, cleaning and so on are represented by joint labour committees. [50379/19]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Joint Labour Committees (JLCs) are provided for under the Industrial Relations Act 1946 and were reformed by the Industrial Relations (Amendment) Act, 2012.  

JLC’s may be set up by the Labour Court on the application of (i) the Minister for Business, Enterprise and Innovation, or (ii) a trade union, or (iii) any organisation claiming to be representative of the workers or the employers involved.

Section 41A of the Industrial Relations Act 1946 requires the Labour Court to carry out such a review of each Joint Labour Committee at least once every five years.  In 2018 the Labour Court carried out a Review and submitted their Report to me on 20 April 2018 with a number of recommendations which I accepted.

Prior to carrying out their Review the Labour Court publishes a notice in national newspapers advising that they are carrying out a review and inviting written submissions to address considerations to be taken into account by the Court in carrying out the Review. A total of 21 submissions were received by the Court and having considered all of the submissions received, the Court concluded that the experience of the sectors involved since the completion of the last review had been one of harmonious industrial relations.

The Labour Court recommended that 6 of the 8 existing JLCs be retained in their current format, and that the remaining 2 (Catering - Dublin City and Dun Laoghaire and Catering - Excluding Dublin City and Laoghaire) be amalgamated.

The constitution and proceedings of JLCs are set out in the Fifth Schedule to the Industrial Relations Act, 1990 and as JLC’s are independent bodies, I as Minister have no role in their ongoing functions.

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent)
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96. To ask the Minister for Jobs, Enterprise and Innovation the steps she plans to take to expand the joint labour committees for workers in low-paid industries in view of a Bill to address the issue recently being voted down in Seanad Éireann; and if she will make a statement on the matter. [50362/19]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Joint Labour Committees (JLCs) are provided for under the Industrial Relations Act 1946 and were reformed by the Industrial Relations (Amendment) Act, 2012.  

JLC’s may be set up by the Labour Court on the application of (i) the Minister for Business, Enterprise and Innovation, or (ii) a trade union, or (iii) any organisation claiming to be representative of the workers or the employers involved.

If an application is submitted to me for the setting up of a JLC, I will examine the merits of the application and due consideration will be given as to whether the JLC will assist in the promotion of harmonious industrial relations and the avoidance of industrial unrest in the sector. If I am satisfied that this is the case I will then make an application to the Labour Court to hold an inquiry.

You may be aware that I recently signed an Order on the 27th November for the establishment of a Joint Labour Committee for the English Language Sector following a request from Mary Mitchell O’Connor, Minister of State for Higher Education. Following that request in June 2019, I asked the Labour Court, under section 36(a) of the Industrial Relations Act 1946, to consider an application to establish a JLC to address all aspects of the working conditions and pay of employees in English language Schools. The Labour Court followed the procedures as set out and recommended that the establishment of such a JLC was appropriate. On 27th of November under section 39 of the Industrial Relations Act 1946, I signed the establishment order.

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