Sir, – The decision of the High Court to strike down a law providing for certain minimum pay and entitlements for electricians is the second time since 2013 that a piece of employment legislation has been deemed to be inconsistent with the Constitution ("High Court strikes down minimum pay law for electricians", News, June 23rd).
In the previous case (McGowan and Ors v The Labour Court), the Supreme Court found that Part III of the 1946 Act was unconstitutional because of the power conferred on the representative parties and the Labour Court when formulating a collective agreement.
The judge in the ruling this week said that the parent legislation did not contain sufficient principles and policies to guide the very broad discretion conferred upon the Minister. All the advice at the time recommended that any new legislation setting sectoral agreements should clearly set out the policies and principle of the legislation in order to give the Labour Court clear guidance on the setting of a sectoral employment order, but the government of the time seems to have ignored this.
The maintaining of legislation allowing for collective agreements in the construction industry is of great interest to all parties within the construction sector, including the Construction Industry Federation, the contractors and the unions.
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New government policy should be committed to ensuring the construction industry maintains its high skill levels and continues to be an attractive career option for young people.
The purpose of a sectoral agreement order is to promote harmonious relations between workers and employers by setting rates of pay and conditions of employment while preventing trade disputes.
A shortage of skilled labour has been identified across the construction sector. The shortfall is substantial and will only be magnified by the uncertainty of pay and conditions within the sector.
Large employers within the construction industry are also supportive of collective bargaining, as in the absence of any collective bargaining there is a fear of a “race to the bottom” on tendering which could have a damaging effect on the sector.
Ireland’s growth is dependent on the success of the construction industry and any new government needs to ensure that it provides certainty for young people leaving school hoping to enter this very exciting industry. – Yours, etc,
RUAIRÍ HAYDEN,
Lecturer,
School of Surveying
and Construction
Management,
Technological
University Dublin,
Dublin 1.