Labour Court to Conduct an Examination into Terms and Conditions of Electricians
We find it ironic that the parties to the previous Registered Employment Agreement (REA) namely AECI, ECA and TEEU have not made public the Labour Court notice of intention to conduct an examination into terms and conditions of electricians and apprentices employed in the Electrical Contracting Industry.
It is more disturbing that NECI who responded with an excellent submission in September 2016 on behalf of Electrical Contractors were not given the courtesy of notification of the intention to conduct an examination into terms and conditions of electricians and apprentices employed in the Electrical Contracting Industry.
The Labour Court have issued the following:
Notice of Intention to Conduct an Examination into Terms and Conditions of Electricians and their Apprentices employed in the Electrical Contracting Industry Having had regard to the provisions of Section 15 (2) and (3) of the Industrial Relations (Amendment) Act 2015, the Labour Court hereby gives notice of its intention to conduct an examination of terms and conditions relating to the remuneration and any sick pay scheme or pension scheme applying to Electricians and their Apprentices employed in the Electrical Contracting Industry in the Electrical-Engineering sector.
Any person wishing to make representations in relation to the examination should do so on or before 26th June, 2017. Representations received after that date shall not be considered.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4, or by E-mail to firstname.lastname@example.org.
PLEASE NOTE: All submissions received will be published on the Labour Court Website www.workplacerelations.ie once the closing date for submissions has passed. In this regard, Parties making a submission to the Court should ensure that submissions which will be published comply with all relevant legislation including Data Protection Legislation.
We are all aware of the difficulties experienced by all contractors when the Labour Court oversaw the previous Registered Employment Agreement (REA) which was found invalid by the Supreme Court in May 2013 and policed by the company EPACE.
It is time to stand and be heard again in relation to the terms and conditions within our industry. It never has been a one size fits all Industry.
We will be completing a submission to the Labour Court.
We would encourage everyone to recall the Good, The Bad and The Ugly of the previous terms and Conditions of the REA as this may be the way for the establishment of a new REA/SEO under the Industrial Relations (Amendment) Act 2015 which was enacted on 22 July 2015 and came into force on 1 August 2015.
The Act makes provision for three main areas, namely:
1. it creates a new regime for registered employment agreements (“REAs”);
2. it makes provision for sectoral employment orders (“SEOs”);
3. it adjusts the Labour Court’s jurisdiction, created by the Industrial Relations (Amendment) Act 2001, to make legally binding determinations affecting employers who do not engage in collective bargaining with trade unions.
What are REAs?
An employment agreement (“EA”) is an agreement made between a trade union(s) of workers and an employer(s) (or a trade union(s) of employers), relating to the remuneration or conditions of employment of workers of any class, type or group, that is binding only on the parties to the agreement. An EA becomes an REA when it is registered in the Labour Court’s Register of Employment Agreements.
What are SEOs?
SEOs are orders made by the Minister for Jobs, Enterprise and Innovation, on the recommendation of the Labour Court and approved by resolution of both Houses of the Oireachtas, which set out the minimum rates of remuneration and the minimum pension and sick pay entitlements of workers of a particular class, type or group within a specified economic sector. They are similar to REAs but their application is not confined to employees of the employer(s) party to them and their scope is confined to pay, sick pay and pensions.
What is the effect of an SEO?
An SEO will apply to every worker of the class, type or group in the economic sector to which it is expressed to apply and to their employers. If the contract of employment of a worker to whom an SEO relates provides for a lower rate of remuneration or less beneficial sick pay or pension entitlements than those set out in that SEO, the more favourable SEO provisions will be substituted for the equivalent provisions in the contract of employment.14 In addition, an employer must not penalise an employee for relying on their rights in relation to the SEO system.
Have you continued in business since the Supreme Court ruling in May 2013?
Have you witnessed or experienced the race to the bottom?
Has the greenshoots of recovery following the worst recession in the history of the State found you?
Be heard and complete your submission on the Electrical Contracting Industry that you work in to ensure your voice is heard.
The deadline for submissions is the 26th June, 2017.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4,
or by E-mail to email@example.com.