Request to Examine Terms and Conditions in the Construction Sector
Update - 20th of April 2023
The Minister has accepted the recommendation of the Labour Court for an SEO. The matter is due to be considered by the Joint Oireachtas Committee on the 26 April 2023. Subject to the resolution being approved by the Houses, the Minister will by order confirm the terms of the recommendation.
Sectoral Employment Order - Construction Sector
The Labour Court received a joint request pursuant to Section 14 of the Industrial Relations (Amendment) Act, 2015, to conduct an examination into terms and conditions in the construction Sector from BATU, Connect Trade Union, OPATSI, SIPTU, and Unite the Union on 10th December 2022.
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 the terms and conditions relating to the remuneration and any sick pay scheme or pension scheme in respect of the Construction Sector. This could result in a recommendation to the Minister which may provide for legally enforceable minimum terms and conditions of employment in the sector.
Any person wishing to make representations in relation to the examination should do so on or before 5pm on 5th February 2023. Representations received after that date shall not be considered [note: the Court will be unable to receive hard copy submissions after close of business on Friday 3rd February but submissions made by e-mail dated and timed before 5.00pm on 5th February will be accepted]. Any such representations should be sent by post to The Secretary, The Labour Court, Lansdowne House, Lansdowne Road, Dublin 4, or by E-mail to esubmissions@labourcourt.ie
Please note that it is the Court’s intention to publish all submissions received on its website and parties making submissions should ensure that all material submitted complies with all relevant regulatory legislation including Data Protection Legislation.
Notification of a hearing in public
Pursuant to section 15(4) of the Industrial Relations (Amendment) Act 2015 the Court will hold a hearing in public on 13th February 2023 at 11.00 a.m.
The Court, at that hearing, will hear all parties appearing to the Court to be interested and desiring to be heard. Parties appearing to the Court to be interested and desiring to be heard will be required to provide a comprehensive written submission addressing all relevant statutory considerations no later than 9th February at 5.00pm. [Note: representations made pursuant to section 15(3) of the Act on or before 5th February which are made in the form of a comprehensive written submission addressing all relevant statutory considerations will be accepted as the submission of the party made in advance of the hearing of the Court]
All parties making representations before 5.00pm on 5th February will, within the meaning of Section 15(4) of the Act of 2015, be considered by the Court to be interested and desiring to be heard on 13th February 2023.
The hearing in public will be in a physical courtroom in the Court’s premises at Lansdowne House, Dublin 4. Parties appearing to the Court to be interested and desiring to be heard will be communicated with directly by the Court prior to the hearing.
Members of the public who wish to attend the hearing should contact info@labourcourt.ie in advance of the hearing.
Note: The Section 14 request is available here:
Construction SEO Application
The following submissions were received, on or before 5pm on 5th February 2023:
CIF Submission
IPCA Submission
CWPS Submission
Unions Submission