Dáil Éireann Debate, Wednesday - 20 March 2013
288. Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the reason the registered employment agreement is being challenged in the High Court; and if he will indicate the present status of the agreement. [14107/13]
View answerA High Court challenge to the validity of the Electrical Contracting Registered Employment Agreement (REA), as well as the constitutionality of the 1946 Act, was successfully defended in 2010 by the State but is under appeal to the Supreme Court. The appeal was heard on 18 December 2012 when judgment was reserved. In addition, there are a number of pending High Court challenges to the current Electrical and Construction REAs, all of which challenge the constitutionality of provisions in the 1946 and 1990 Industrial Relations Acts underpinning the REA system. Unless and until such time as the Courts rule otherwise, the terms and conditions of employment contained in all Registered Employment Agreements remain in place and continue to be legally binding.
I am very aware that current economic circumstances are having a particular effect on areas such as electrical contracting and construction, and other sectors that are covered by the statutory wage setting systems (REAs and EROs). With this in mind, I have been determined to reform these systems to help businesses in struggling sectors to survive, and to protect existing jobs and help business to create new ones. To this end, a new legal framework for REAs and EROs has been put in place with effect from 1 August 2012, following the enactment of the Industrial Relations (Amendment) Act 2012. The measures contained in the Act make significant provisions for all future registrations, variations and cancellations of REAs and will transform the REA and JLC systems and make them fit for purpose.
