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Blog  »  May 2013  »  REA agreements deemed unconstitutional - Blog
May 13

Posted by
Paul Byrne

REA agreements deemed unconstitutional

On May 9th 2013, the Supreme Court ruled that Part III of the 1946 Industrial Relations Action, which provided the legal basis for Registered Employment Agreements (REAs), is unconstitutional, having regard to the provisions of Article 15.2.1. of the Irish Constitution.

Collective Agreements are agreements concluded between an employer and worker representatives. Employers and workers in any sector or enterprise can agree minimum rates of pay and conditions of employment.

Up to this Supreme Court ruling, they could have the agreement registered with the Labour Court as a Registered Employment Agreement (REA).

REAs were legally binding to the employers and employees in the sector of employment to which the agreement applied.

The Minister for Jobs, Enterprise and Innovation had previously announced proposals to alter the system of REAs with changes to be introduced in line with other developments.

The ruling does not alter previously negotiated contracts and only applies to future contracts.

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Posted in Employment Contract