Work on the JLC reviews and the Codes of Practice is underway – Minister Bruton
Speaking at an Employment Law Association of Ireland Conference titled: “Current Fundamental Issues in Employment Law” on 28 September 2012, the Minister for Jobs, Enterprise and Innovation, Richard Bruton confirmed that work on the review of JLC’s and key Codes of Practice is underway.
During the course of an address that dealt with a wide range of issues, Minister Bruton addressed the fact that the Industrial Relations (Amendment) Act 2012 was enacted on 24 July 2012 and commenced on 1 August 2012. He highlighted that
- the Act provides for a radical overhaul of the system in order to make it fairer and more responsive to changing economic circumstances and labour market conditions.
- it reinstates a robust system of protection for low paid and vulnerable workers in these sectors in the aftermath of the 2011 High Court ruling in the John Grace Fried Chicken case.
- it provides for more wide-ranging measures required to strengthen the legal framework for EROs and REAs in light of legislative deficiencies identified in the High Court judgment.
- it provides that reviews of the JLCs will be carried out by the Labour Court, as soon as practicable after its commencement. The outcome of these reviews will inform the Labour Court as to whether any JLC should be maintained in its current form, amalgamated with another JLC or its establishment order amended.
Minister Bruton also indicated that he has has asked the Labour Court to begin the abolition of three JLCs that had been identified as no longer fulfilling a function in the Duffy-Walsh Report.
He has also asked the Labour Relations Commission to begin work on two Codes of Practice.
- The first on Sunday Working, will provide guidance to employers, employees and their representatives in sectors covered by EROs, on arrangements that may be put in place to comply with the options specified in the Organisation of Working Time Act, 1997.
- The second will address the standardisation of benefits in the nature of pay – including overtime and how and when it becomes payable – across sectors covered by JLCs.
The Minister confirmed his understanding that preparatory work on the JLC reviews and the Codes of Practice is underway.
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