Yesterday the Minister for Jobs, Enterprise and Innovation, Richard Bruton TD, published the Report of the Labour Court’s Review of the Joint Labour Committee (JLC) system. He said that he accepted the recommendations contained in the Report and set out the legal steps necessary for their implementation.
The Report recommends that the overall number of JLCs be reduced and that the scope of others be amended to take into account the changing circumstances of the sectors within which those JLCs operate.
Specifically, the Minister indicated his intention to abolish the Dublin Hotels, and the Law Clerks’ JLCs, to narrow the scope of the Agricultural, Hairdressing, Retail Grocery, Hotels (outside Dublin), Contract Cleaning and Security JLCs, while amending the administration of the two Catering JLCs pending their amalgamation following amended legislation. In the latter context, the Minister also stated his intention to look at applying the Hairdressing JLC country-wide once the necessary legislation is passed.
Minister Bruton said “At the conclusion of this process there will be eight JLCs, and this will drop to seven when the necessary legislation is passed – leaving slightly over half the number that operated at the beginning of the reform process which I pursued on coming to Office. This latest development sits squarely within the context of the change required to improve Ireland's competitiveness by enhancing wage flexibility while also ensuring protection for vulnerable workers. In publishing the Report and my response, I have been particularly mindful of issues arising as a result of a recent Supreme Court ruling in relation to Registered Employment Agreements (the McGowan case). This report is detailed, comprehensive and complex and required careful examination. It represents the most comprehensive review of the Committees themselves since they were first established over 60 years ago. I would like to thank the Court for its work in this regard”.
JLC Summaries
The full report along with Peninsulas submission on the topic can be viewed here. Below you will see a summary, in respect of each JLC, the recommendations and action required to give effect to the Report.
- Agricultural Workers The recommendation is that the JLC be retained for this sector with reduced scope. As the Agricultural Workers JLC was established under primary legislation (the Industrial Relations Act 1976), an amendment to the Establishment Order requires amending primary legislation. This process will get under way shortly.
- Catering (Dublin and Dun Laoghaire)/Catering (Other) The recommendation favoured by the Minister is that the existing structures and scope be maintained but that the two JLCs be chaired by the same person. The Minister will make such Orders and give effect to this recommendation shortly.
- Contract Cleaning The recommendation is that the JLC should be retained with an amended Establishment Order that reflects the consensus reflected in the draft Registered Employment Agreement recently agreed. The Minister will make such an Order shortly.
- Hairdressing The recommendation favoured by the Minister is that the JLC should be retained but the scope reduced to those workers in establishments which provide a hairdressing service only. The Minister will make such an Order shortly.
- Hotels (Dublin and Dun Laoghaire)/Hotels (Other excluding Cork) The recommendation is that the Hotels JLC for the Dublin area should be abolished. The Minister will make such an Order shortly. The Hotels JLC for outside of Dublin be retained and that the Establishment Order should be amended to clarify the classes of workers covered as detailed in the Labour Court Report. The Minister will make such an Order shortly.
- Law Clerks The recommendation is that the JLC be abolished. The Minister will make such an Order shortly.
- Retail Grocery and Allied Trades The recommendation is that the JLC should be retained with an amended scope in terms of redefining the competitive sector to which the JLC will apply. The Minister will make such an Order shortly.
- Security The recommendation is that the JLC should be retained with an amended Establishment Order that reflects the consensus reflected in the draft Registered Employment Agreement recently agreed. The Minister will make such an Order shortly
