Joint Labour Committees

Information

Previously some employments were covered by agreements made by Joint Labour Committees. On 7 July 2011 the High Court ruled that the legislation delegating powers concerning pay and conditions to Joint Labour Committees (JLCs) was unconstitutional – see ‘High Court decision’ below. Up to 7 July 2011 the Labour Court made an Employment Regulation Order (ERO) confirming proposals submitted by a Joint Labour Committee (JLC).

Proposed reform of JLC system

The Industrial Relations (Amendment) (No. 3) Bill 2011 reforming the Joint Labour Committees and Registered Employment Agreements (REAs) wage-setting mechanisms was published on 22 December 2011.

The Bill's provisions include:

• JLCs will have the power to set a basic adult rate and 2 additional higher rates
• Companies may seek exemption from paying ERO and REA rates due to financial difficulty
• JLC will no longer set Sunday premium rates. A new statutory Code of Practice on Sunday working is to be prepared by the Labour Relations Commission
• When setting rates JLCs will have to take into accounts factors such as competitiveness and rates of employment and unemployment
• The constitutionality of EROs and REAs will be restored through the inclusion of robust principles and policies

Other reforms, which do not need legislative change, include reducing the number of JLCs from 13 to 6 and standardising benefits such as overtime through a nationally agreed protocol or Code of Practice.

High Court decision

Up to 7 July 2011 the Labour Court made an Employment Regulation Order (ERO) confirming proposals submitted by a Joint Labour Committee (JLC). This Order was legally binding.

Following the High Court decision Employment Regulation Orders ceased to have statutory effect from 7 July 2011. Employees who were covered by an ERO have existing contracts of employment which govern their pay and conditions of work. If an employer reduces an employee’s rate of pay this would be a change in their contract of employment and normally it requires the employee’s consent. The pay and conditions of employees who start work after 7 July 2011 is governed by employment legislation such as the minimum wage.

You can find detailed information on the implications of the High Court decision on EROs (pdf) on the website of the National Employment Authority.

Joint Labour Committees before 7 July 2011.

The purpose of Joint Labour Committees was to regulate conditions of employment and set minimum rates of pay for employees in certain sectors of employment. A Joint Labour Committee (JLC) was established by a statutory order of the Labour Court under the Industrial Relations Act 1946. It was an independent body made up of equal numbers of employer and worker representatives appointed by the Labour Court, with a chair appointed by the Minister for Jobs, Enterprise and Innovation. Any of the following could apply to the Labour Court to set up a JLC:

• The Minister for Jobs, Enterprise and Innovation
• A trade union
• An organisation claiming to represent the workers or employers involved.

List of Joint Labour Committees

Up to 7 July 2011 there were 19 Joint Labour Committees:

• Aerated Waters and Wholesale Bottling
• Agricultural Workers
• Brush and Broom
• Catering (excluding Dublin City and Dun Laoghaire)
• Catering (Dublin City and Dun Laoghaire)
• Contract Cleaning (City and County of Dublin)
• Contract Cleaning (Other)
• Hairdressing (Dublin City, Dun Laoghaire and Bray)
• Hairdressing (Cork City)
• Handkerchief and Household Piece Goods
• Hotels (Dublin City and Dun Laoghaire)
• Hotels (Others excluding Cork)
• Law Clerks
• Provender Milling
• Retail, Grocery and Allied Trades
• Security Industry
• Shirtmaking
• Tailoring
• Women's Clothing and Millinery

EROs and REAs

Agreements on pay and conditions are known as Employment Regulation Orders (EROs) or Registered Employment Agreements (REAs). EROs were made by Joint Labour Committees (JLCs) and REAs are Collective Agreements made between trade unions and employers which are registered with the Labour Courts. There are REAs for the following sectors: Drapery, Footwear and Allied Trades (Dublin and Dun Laoghaire); Construction Industry; Printing (Dublin); Electrical Contracting.