The High Court has dismissed a challenge by electrical contractors to the legally-binding system of setting pay and conditions for employees in the sector.
The electrical contractors had argued that the system of Registered Employment Agreements was flawed because not all employers were properly represented in negotiations at the Labour Court to set nationally binding terms and conditions for workers.
If the challenge had succeeded, terms and conditions for hundreds of thousands of workers in other sectors governed by Registered Employment Agreements could have been set aside, leaving them with only minimum employment and minimum wage guarantees.Mr Justice John Hedigan delivered the conclusion to his ruling, which has not yet been fully written up.
He found that the electrical contractors had delayed excessively in taking judicial review proceedings against the Labour Court decision on the Registered Employment Agreements.
He said it was not possible to accept that the contractors had not been aware of the Registered Employment Agreements for the sector, until relatively recently.
He ruled that the Labour Court was within its jurisdiction to decide to proceed with the Registered Employment Agreements.
He rejected claims that the Labour Court had made five key errors of law.
Mr Justice Hedigan declined to consider the constitutional element of the contractors challenge to the Registered Employment Agreements.
He said it should have been brought by plenary proceedings and not by judicial review.
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