Dáil Éireann Debate, Wednesday - 29 January 2014
64. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform if any of the public works contracts have any reference to any national collective agreement; and if he will make a statement on the matter. [4419/14]
View answerThe Capital Works Management Framework (CWMF) public works contracts include a clause on Pay and Conditions of Employment which requires all those employed on the works to be paid in accordance with all applicable law. The following reference is made in relation to payment and conditions of employment of workers:
The Contractor shall ensure that the rates of pay and the conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.
In May 2013, the Supreme Court struck down as unconstitutional the framework for the registration of employment agreements as provided for in the 1946 Industrial Relations Act. Prior to the Supreme Court decision, Registered Employment Agreements could be enforced by statute and proceedings brought against employers who failed to comply with these requirements. However, until such time as a mechanism is developed that addresses the Constitutional issues raised by the Supreme Court, collective agreements may only be enforced by the parties to the agreement.
In light of the Supreme Court decision, my Department considered the references in the Pay and Conditions of Employment clause in the public works contracts and is satisfied that no amendments are necessary to the clause.
