Written answer
Employment Rights
169. Deputy Joe Carey asked the Minister for Enterprise, Trade and Employment when the Employment Regulation Order in relation to security workers (details supplied) will be implemented; and if he will make a statement on the matter. [23323/24]
Comment on this
On 24 August 2022, the Department of Enterprise, Trade and Employment was informed that the High Court had granted an injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order (ERO) for the Security Industry. As a result of the injunction, the Order could not be proceeded with at that time. On 28 July 2023, both the injunction and stay were lifted in the High Court on agreement between the parties. As a result of the decision, the Minister was then able to sign the Order.
On the 25th August 2023, the then Minister for Business Employment and Retail signed the Employment Regulation Order (ERO) for the Security Sector which came into force on 4th September 2023. The ERO provided for a wage increase to €12.90 per hour from that date. The full details of the ERO are available here: si-no-424-of-2023-employment-regulation-order-security-industry-joint-labour-committee-2023.pdf (enterprise.gov.ie)
EROs are not linked to the minimum wage. Should the minimum wage rate exceed the wage rate provided for in an ERO, then the minimum wage rate is in effect.
Joint Labour Committees (JLCs) are independent in their functions. If a JLC adopts proposals for an ERO for a sector, it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy will be presented to me and, if I consider it appropriate to do so, I will make an ERO giving effect to the proposals.
I have not received a proposal from the Labour Court in relation to a new ERO for the Security Sector. Should the Labour Court submit such a proposal, I will give it due and timely consideration.