INDUSTRIAL RELATIONS MECHANISMS TO BE STREAMLINED AND IMPROVED WITH NEW LEGISLATION - KENNY

Posted on October 8, 2014 5:18 PM   |   Permanent Link   

Speaking on the Workplace Relations Bill 2014

The Workplace Relations Bill provides a statutory basis for a new structure which will see the existing five State bodies replaced by two. The Labour Relations Commission (LRC), the National Employment Rights Authority (NERA), the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal (EAT) and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission (WRC), and the appellate functions of the EAT will be transferred to a new expanded Labour Court.

The Government decided to reform the State's existing employment rights and industrial relation structures because the current system for resolving individual disputes related to the workplace is wasteful, both in terms of State resources and those of the users. It is also frustrating for employers, employees and professionals representing them. The system that developed over the past sixty years had become unwieldy, complex, inconsistent, slow and in some cases expensive for users.

The aim of the Bill is to create a modern, user-friendly, world-class employment workplace relations system that will provide significant benefits for its users and society as a whole. The focus will be on resolving the workplace disputes as quickly as possible.

The aim is to create a system characterised by increased emphasis on, and assistance with, early and informal resolution of disputes. One body, the Workplace Relations Commission, will deal with all disputes initially. Employees with multiple complaints will have all complaints dealt with in one place at the same time.

Employers will no longer have to defend complaints in a number of fora and there will be one route and time limit for all appeals as well as far speedier listing of cases for hearing and issuing of decisions. There will be standardised procedures and time-frames across employment rights legislation and better, quicker ways of enforcing awards.

In addition to greatly enhancing the service provided, the reform of the Workplace Relations bodies has the potential to reduce staff numbers and the associated costs of delivering the service. It is expected that the savings achieved by the reforms will amount to €2 million per annum mainly due to staff reductions and costs and efficiencies achieved.

Looking at the legislation more specifically, the legislation will provide for the merging of the services of the Equality Tribunal, the National Employment Rights Authority, the Labour Relations Commission and the first instance functions of the Employment Appeals Tribunal (EAT) to come together under the remit of the Workplace Relations Commission. The Labour Court will deal with all cases on appeal.

The creation of the position of Director General of the WRC will provide a single leadership rather than four that exist in NERA, the EAT, the LRC and the Equality Tribunal. The establishment of the WRC Board will have responsibility for strategy and annual work programme. This Board will comprise primarily representatives of employers groups, trade unions and equality bodies. The WRC itself will be staffed by officials from the Department of Jobs, Enterprise and Innovation.

The transfer of the information provision function relating to the Family Leave Acts will move from the Equality Authority to the new WRC and certain procedural matters, such as limitation periods, the length of the period within which a decision made at first instance may be appealed will be standardised across the full range of employment rights legislation. There will be a new more robust and efficient system for the enforcement of awards under employment legislation and overall, there will be a better enforcement of employment rights awards and better compliance and enforcement measures for employment rights which I welcome.

I have been concerned for some time now that the industrial relations mechanism of the State was overly complex, and I think this new legislation will do a great deal to streamline that and as a Labour deputy I welcome a better deal and faster justice for ordinary workers where industrial relations issues arise and outside assistance is needed.

Minister Ged Nash has been working hard on legislation such as this since he became minister, and I know that this work embodies his long time commitment to the rights of workers and a better, fairer and more efficient set of industrial relations mechanisms.

I warmly commend this Bill to the House.