Page 14 - Workplace Relations Guide to Employment Law

REGISTERED EMPLOYMENT every worker of the class, type or group
AGREEMENTS in the economic sector to which it is
expressed to apply, and his or her employer.
An Employment Agreement is an agreement
relating to the remuneration or the The 2015 Act provides for exemptions in
conditions of employment of workers of any specific circumstances from the obligation
class, type or group made between a trade to pay remuneration set down in Sectoral
union or trade unions of workers and one or Employment Orders. Any contraventions of
more than one employer or a trade union of Sectoral Employment Orders may be referred
employers, that is binding only on the parties to the WRC for appropriate action.
to the Agreement in respect of the workers of
that class, type or group.
JOINT INDUSTRIAL COUNCILS
Any party to an Employment Agreement Joint Industrial Councils (JICs) are voluntary
may apply to the Labour Court to register the negotiating bodies for particular industries
Agreement. The Labour Court shall register or parts of industries that are representative
such agreements in the Register of Employment of employers and trade unions. A Council,
Agreements – they then become Registered provided that it fulfils certain conditions,
Employment Agreements - if it is satisfied may register with the Labour Court as a
that they comply with rules set down in the Joint Industrial Council under the Industrial
Industrial Relations (Amendment) Act 2015. The Relations Acts. The rules of such Councils
effect of registration is to make the provisions must provide for the referral of disputes to
of the Registered Agreement legally binding the Council for consideration before resort
on the parties to the Agreement only. Any is had to industrial action. A registered JIC
contraventions of a Registered Employment may request the Labour Court to appoint a
Agreement may be referred to the WRC for chairperson and secretary to the Council.
appropriate action.
Adjudication Services
SECTORAL EMPLOYMENT ORDERS

On foot of a request, from a trade union of Adjudication Officers of the Workplace
workers, a trade union or an organisation Relations Commission (WRC) are statutorily
of employers, or a trade union of workers independent in their decision making duties
jointly with a trade union or an organisation as they relate to adjudicating on complaints
of employers, the Labour Court can carry out referred to them by the WRC Director General.
an examination of the remuneration, sick pay
or pension scheme of workers in a particular The Adjudication Officer’s role is to hold a
economic sector. The Labour Court, having hearing where both parties are given an
considered the applicable economic factors, opportunity to be heard by the Adjudication
may make a recommendation to the Minister, Officer and to present any evidence
who shall, if he/she is satisfied that the relevant to the complaint. Hearings of the
Labour Court, in making its recommendation Workplace Relations Commission are held
has complied with the provisions of the in private. However, complaints may, in
Industrial Relations (Amendment) Act certain instances, be disposed of by means
2015, accept the recommendation and by of written procedure (i.e. without hearing).
Ministerial Order confirm the terms of the The Adjudication Officer will not attempt to
recommendation. Such Order applies to mediate or conciliate the case. Parties may

10