Employment Regulation Order (English Language Schools Joint Labour Committee Establishment Order) 2019

JurisdictionIreland
CitationIR SI 593/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th November, 2019.

WHEREAS I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, being in receipt of a recommendation from the Labour Court under sub-section (2) of Section 39 of the Industrial Relations Act, 1946 and being satisfied having regard to the recommendation referred to in subsection (2) of that section that the provisions of sub-section (1) of Section 39 of the Industrial Relations Act, 1946 , has been complied with.

NOW, I, PAT BREEN, in exercise of the powers conferred on me by subsection (2) of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 ) and the Jobs, Enterprise, and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 6 of 2017 ) hereby make the following order:

1. This Order may be cited as the Employment Regulation Order (English Language Schools Joint Labour Committee Establishment Order) 2019.

2. This Order shall come into effect on the 2 December 2019.

3. This Order confirms the terms of the recommendation set out in the Schedule.

SCHEDULE

Section 36 Request

The matter came before the Court by way of a request in writing from the Minister of State for Trade, Employment, Business, EU Digital Single Market and Data Protection (the Minister) dated the 6th August 2019 pursuant to Section 36(a) of the Industrial Relations Act, 1946 .

Notification of necessary parties

For the purposes of this application, the Court is satisfied that the parties with which it was deemed necessary to consult were Marketing English of Ireland (MEI) (66 Members), Progressive College Network (PCL) (8 schools), Independent Language Schools Group (ILSG) (14 schools), ICTU, UNITE and SIPTU. By letter dated 21st August 2019, the Court wrote to these parties informing them that it was in receipt of an application from the Minister for the establishment of an English Language Schools Joint Labour Committee pursuant to Section 36(a) of the Industrial Relations Act, 1946 and of the Court’s intention to meet with them for the purposes of consultation and the preparation of a draft establishment order pursuant to Section 38 of the Industrial Relations Act, 1946 .

Consultation with necessary parties

A meeting of the Court, for the purpose of the aforementioned consultation, was held on 3rd September 2019 at the offices of the Court in Lansdowne House. It was attended by representatives from employer representatives PCL and ILSG, and trade union representatives ICTU, UNITE and SIPTU.

Notification to the Public

Following this meeting, the Court prepared a draft establishment order in accordance with Section 38(a) of the Act and a notice was published in the Irish Times, Irish Independent, Irish...

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