The Labour Court is to examine the terms and conditions facing workers in the construction sector.

The court said that the process would cover pay and any sick-pay or pension schemes.

The move follows a request from trade unions in the sector.

The industrial-relations body is carrying out the examination under section 15(1) (a)–(d) of the Industrial Relations (Amendment) Act 2015.

Sectoral Employment Order

It could result in a recommendation to the minister to make a Sectoral Employment Order (SEO) under section 17 of the legislation.

An SEO sets out legally enforceable minimum terms and conditions of employment in the sector.

The last SEO for the sector was made by Neale Richmond (then Minister of State responsible for business, enterprise and innovation) on 28 April 2023. Under the 2015 act, the court cannot consider an investigation until at least 12 months after the date of a previous SEO.

Submissions

Under the 2015 act, the Labour Court cannot make a recommendation unless it is satisfied that to do so:

• Would promote harmonious relations between workers and employers and assist in the avoidance of industrial unrest in the sector, and
• Is “reasonably necessary” to promote and preserve high standards of training and qualification, and to ensure fair and sustainable rates of pay in the relevant sector.

As part of the process, interested parties can make written submissions to the court by 5pm on or before 18 June 2024.

The court may then decide to hold hearings on the issue.