The SEO was applied for by the TEEU in March 2017 but was only made public at the end of May. It is supported by the ECA and the AECI. The NECI is the only employer body opposing the introduction of the SEO and is doing so on the basis that its members cannot be expected to pay the same rates as the larger electrical contractors. The previous registered employment agreement for the industry was abolished when in May 2013 the Supreme Court struck down Part III of the Industrial Relations Act of 1946 as being unconstitutional.

The CIF made a submission to the Labour Court on behalf of the ECA in support of the TEEU’s application for an SEO which states quite openly that it wants to remove labour costs as an area of competition between employers in the industry. The NECI cannot see how this helps the consumer and believes that it is anti-competitive. According to the CIF no public contract will be awarded unless an electrical contractor complies with the old REA rates although it is no longer legally binding as a result of the Supreme Court ruling in McGowan.

Now the TEEU, the ECA and the AECI are again trying to introduce legally binding pay and conditions for electricians which would see employers criminalised if they are found to be in breach of an order to comply with those terms and conditions.

The NECI’s High Court proceedings have challenged the Labour Court’s decision to hold a private hearing into the TEEU’s application. The NECI called on the Labour Court to hold the hearing in public because it believes that there must be an open and transparent public discussion to canvas all views. The NECI is concerned that an SEO will be introduced behind closed doors without sufficient scrutiny. The NECI believes that there is no precedent for holding the hearing in private.

The NECI has applied to the High Court to examine the procedures adopted by the Labour Court to date. Section 15(1) of the Industrial Relations (Amendment) Act 2015 makes it clear what has to be done to ensure that any recommendation that the Labour Court might make to the Minister for Enterprise and Innovation is made in accordance with law. It can only do so when it is satisfied that the parties are representative of the industry and when it is satisfied what that industry actually is, but in this case the NECI is fearful that those important protections have not been observed.

The NECI has also asked the High Court to block the private Labour Court hearing scheduled for September until the High Court has examined the issue. The High Court has said that it will hear the NECI’s application for a stay on the Labour Court hearing on 28 August 2017. It will hear from the Labour Court and other parties on that date also.

Recently a similar examination took place for the Construction Industry and the Labour Court convened a private hearing on 26 June 2017 and had made a recommendation to the Minister within almost 2 weeks proposing an SEO for the construction sector. In that case a pay rise of 10% has been recommended. The NECI had asked to attend that hearing but was not permitted to do so by the Labour Court.

It is time to stand and be heard again in relation to the terms and conditions within our industry. It never has been a one size fits all Industry.

We would encourage everyone to recall the Good, The Bad and The Ugly of the previous terms and Conditions of the REA as this is an application to establish a new SEO (Old REA) under the Industrial Relations (Amendment) Act 2015 which was enacted on 22 July 2015 and came into force on 1 August 2015.

The Act makes provision for three main areas, namely:
1. it creates a new regime for registered employment agreements (“REAs”);
2. it makes provision for sectoral employment orders (“SEOs”);
3. it adjusts the Labour Court’s jurisdiction, created by the Industrial Relations (Amendment) Act 2001, to make legally binding determinations affecting employers who do not engage in collective bargaining with trade unions.

What are SEOs?
SEOs are Sectoral Employment Orders made by the Minister for Jobs, Enterprise and Innovation, on the recommendation of the Labour Court and approved by resolution of both Houses of the Oireachtas, which set out the minimum rates of remuneration and the minimum pension and sick pay entitlements of workers of a particular class, type or group within a specified economic sector. They are similar to REAs but their application is not confined to employees of the employer(s) party to them and their scope is confined to pay, sick pay and pensions.
What is the effect of an SEO?
An SEO will apply to every worker of the class, type or group in the economic sector to which it is expressed to apply and to their employers. If the contract of employment of a worker to whom an SEO relates provides for a lower rate of remuneration or less beneficial sick pay or pension entitlements than those set out in that SEO, the more favourable SEO provisions will be substituted for the equivalent provisions in the contract of employment.14 In addition, an employer must not penalise an employee for relying on their rights in relation to the SEO system.
This NEW SEO will be applied to every worker of the class, type or group as defined in Appendix 2 and in the economic sector as defined in Appendix 1.
Appendix 1 Sector Definition:
An Electrical Contractor is defined as the proprietor of a business whose main activity is the performance of electrical work  on a contract  or sub-contract basis for any third party.
The work carried out within the Electrical Contracting Industry is defined as “ The installation, alteration, repair, demolition (de-install), Fabrication & Pre-fabrication, commissioning or maintenance of electrical and electronic equipment, including the marking off and preparing for the wiring (whether temporary or permanent) of all electrical and/or electronic appliances and apparatus fitting and erecting all controllers, switches, junction section distribution and other fuseboards and all electrical communications, bells, telephone, radio, telegraph, x-ray, computer and data cabling, instrumentation, fibre optics and kindred installations; fitting and fixing of metallic and other conduits, perforated cable trays and casing for protection of cables, cutting away of walls, floors, and ceilings etc. , for same; erection, care and maintenance of all electrical plant, including generators, motors, oil burners, cranes, lifts, fans, refrigerators and hoists; adjustments of all controls, rheostats, coils and all electrical contacts and connections; wiring of chassis for all vehicles; erection of batteries and switchboards; erection of crossarms, insulators, overhead cable (LT and HT); fitting of staywires, brackets, lighting arrestors etc. and underground mains having regard to any advances in technology and equipment used within the industry.”
An order shall apply to all workers who carry out the duties of Electricians and their Apprentices employed in the Electrical Contracting Industry.

This application for an SEO will not apply to:
•    State employees and semi-state employees who are engaged in similar activities and are covered by other agreements
•    Electricians and Apprentices who are employed directly by manufacturing companies for the maintenance of those companies’ plants only.
•    New build one-off houses
•    Low density new housing developments of 3 units or less (totality of project)
•    Existing single private residential and domiciled units for the purposes of repair. Replacement and modification of electrical systems and equipment

Appendix 2: Class, Type or group of workers to which the request relates to:
The work in this sector is carried out by highly skilled electricians and their apprentices who are trained to standards which are governed by the minimum educational qualifications associated with the Statutory Apprenticeship system.
1.    Electricians: The Electrician must have successfully completed the statutory apprenticeship and therefore hold a National Craft Certificate (or equivalent).
These qualifications may be required in order for an employer to establish his/her status as an “Electrical Contractor”
2.    Apprentice Electricians: The Apprentice must be registered with SOLAS within two weeks of commencing employment as an apprentice and must complete 7 phases of training (on the job and academic studies combined) over a minimum period of 4 years in training. Upon successful completion of the apprenticeship training the individual will receive the National Craft Certificate or equivalent.

Have you continued in business since the Supreme Court ruling in May 2013?
Have you witnessed or experienced the race to the bottom?
Has the greenshoots of recovery following the worst recession in the history of the State found you?
NECI will be completing a submission to the Labour Court.

Be heard and complete your submission on the Electrical Contracting Industry that you work in to ensure your voice is heard.
The deadline for submissions is the 26th June, 2017.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4,
or by E-mail to info@labourcourt.ie.

A reminder that any person wishing to make representations in relation to the examination should do so on or before 26 June 2017.

Representations received after that date shall not be considered. Any such representations should be sent by post to The Secretary, The Labour Court, Lansdowne House, Lansdowne Road, Dublin 4, or by E-mail to info@labourcourt.ie

Please note that it is the Court’s intention to publish all submissions received on its website at www.workplacerelations.ie and parties making submissions should ensure that all material submitted complies with all relevant regulatory legislation including Data Protection Legislation.

http://www.workplacerelations.ie/en/news-media/Workplace_Relations_Notices/Electrical_Contracting_SEO.html

http://www.workplacerelations.ie/en/Publications_Forms/Electrical_Contracting_SEO.pdf

The Labour Court have issued the following:
Notice of Intention to Conduct an Examination into Terms and Conditions of Electricians and their Apprentices employed in the Electrical Contracting Industry Having had regard to the provisions of Section 15 (2) and (3) of the Industrial Relations (Amendment) Act 2015, the Labour Court hereby gives notice of its intention to conduct an examination of terms and conditions relating to the remuneration and any sick pay scheme or pension scheme applying to Electricians and their Apprentices employed in the Electrical Contracting Industry in the Electrical-Engineering sector.
Any person wishing to make representations in relation to the examination should do so on or before 26th June, 2017. Representations received after that date shall not be considered.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4, or by E-mail to info@labourcourt.ie.
PLEASE NOTE: All submissions received will be published on the Labour Court Website www.workplacerelations.ie once the closing date for submissions has passed. In this regard, Parties making a submission to the Court should ensure that submissions which will be published comply with all relevant legislation including Data Protection Legislation.
http://www.lrc.ie/en/news-media/Workplace_Relations_Notices/ECI_Notice.html

We are all aware of the difficulties experienced by all contractors when the Labour Court oversaw the previous Registered Employment Agreement (REA) which was found invalid by the Supreme Court in May 2013 and policed by the company EPACE.
It is time to stand and be heard again in relation to the terms and conditions within our industry. It never has been a one size fits all Industry.
We will be completing a submission to the Labour Court.

We would encourage everyone to recall the Good, The Bad and The Ugly of the previous terms and Conditions of the REA as this may be the way for the establishment of a new REA/SEO under the Industrial Relations (Amendment) Act 2015 which was enacted on 22 July 2015 and came into force on 1 August 2015.

The Act makes provision for three main areas, namely:
1. it creates a new regime for registered employment agreements (“REAs”);
2. it makes provision for sectoral employment orders (“SEOs”);
3. it adjusts the Labour Court’s jurisdiction, created by the Industrial Relations (Amendment) Act 2001, to make legally binding determinations affecting employers who do not engage in collective bargaining with trade unions.
What are REAs?
An employment agreement (“EA”) is an agreement made between a trade union(s) of workers and an employer(s) (or a trade union(s) of employers), relating to the remuneration or conditions of employment of workers of any class, type or group, that is binding only on the parties to the agreement. An EA becomes an REA when it is registered in the Labour Court’s Register of Employment Agreements.
What are SEOs?
SEOs are orders made by the Minister for Jobs, Enterprise and Innovation, on the recommendation of the Labour Court and approved by resolution of both Houses of the Oireachtas, which set out the minimum rates of remuneration and the minimum pension and sick pay entitlements of workers of a particular class, type or group within a specified economic sector. They are similar to REAs but their application is not confined to employees of the employer(s) party to them and their scope is confined to pay, sick pay and pensions.
What is the effect of an SEO?
An SEO will apply to every worker of the class, type or group in the economic sector to which it is expressed to apply and to their employers. If the contract of employment of a worker to whom an SEO relates provides for a lower rate of remuneration or less beneficial sick pay or pension entitlements than those set out in that SEO, the more favourable SEO provisions will be substituted for the equivalent provisions in the contract of employment.14 In addition, an employer must not penalise an employee for relying on their rights in relation to the SEO system.

Have you continued in business since the Supreme Court ruling in May 2013?
Have you witnessed or experienced the race to the bottom?
Has the greenshoots of recovery following the worst recession in the history of the State found you?
Be heard and complete your submission on the Electrical Contracting Industry that you work in to ensure your voice is heard.
The deadline for submissions is the 26th June, 2017.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4,
or by E-mail to info@labourcourt.ie.

It is not mandatory (even for members of ECA/CIF and AECI) to apply these pay rates for their employees. To counteract any possible misunderstanding NECI has no issue with any pay rates which any employer agree with its own employees. What we do take issue with is the TEEU portraying their private agreement between two Employer associations who represent less that 10% of the Employers in our industry as an agreement which is mandatory for all employers in the sector.

NECI intends to write to the Labour Court and get them to confirm in writing that the pay scale contained in the private agreement between TEEU is not a legal requirement for all employers in the industry. We will circulate the Labour Courts response as soon as it is received.

For the avoidance of any doubt, there is currently no legally binding pay agreement operating in the electrical contracting sector. All employers are free to agree mutually agreeable rates on a one to one basis with their employees.

TEEU AECI ECA Rates-of-pay

NECI Submission: NECI Submission

Labour Court Letter: Labour Court confirm withdrawal

These figures which are clearly inaccurate, are backed up by nothing. In a further insult to the thousands of small electrical contractors who operate in the sector, the TEEU has decided that it will only determine terms and conditions with the unrepresentative employer parties ECA (29 Members) and AECI (184 Members). All electrical contractors must register with Safe Electric and the membership of Safe Electric has been independently confirmed at in excess of 4000.
It is therefore clear that the TEEU consider that the 3787 contractors who have decided not to be members of the ECA and the AECI are not entitled to any say in their Industry. Never the less if the TEEU are successful, the terms they agree with the unrepresentative employer bodies will apply to all contractors. Past experience tells us that we can have little faith in the Labour Court considering the opinions of the small contractor. The Labour Court happily facilitated the TEEU in the past when small electrical contractors were nailed to the cross under the terms of an unconstitutional Registered Employment Agreement (REA) into which they never had any say and indeed most were unaware of.
It is time to rise again as we did in the past when we cleansed our industry of the previous REA and of EPACE. NECI have once again engaged a legal team and will stop at nothing to strike down the attempt to impose a one size fits all agreement on our diverse industry. Now is the time to support your trade association once again, let the battle commence.

TEEU SEO Application click here teeu-seo-application-and-affidavit

The Labour Court have issued the following:
Notice of Intention to Conduct an Examination into Terms and Conditions of Electricians and their Apprentices employed in the Electrical Contracting Industry Having had regard to the provisions of Section 15 (2) and (3) of the Industrial Relations (Amendment) Act 2015, the Labour Court hereby gives notice of its intention to conduct an examination of terms and conditions relating to the remuneration and any sick pay scheme or pension scheme applying to Electricians and their Apprentices employed in the Electrical Contracting Industry in the Electrical-Engineering sector.
Any person wishing to make representations in relation to the examination should do so on or before 14 September, 2016. Representations received after that date shall not be considered.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4, or by E-mail to info@labourcourt.ie.
PLEASE NOTE: All submissions received will be published on the Labour Court Website www.workplacerelations.ie once the closing date for submissions has passed. In this regard, Parties making a submission to the Court should ensure that submissions which will be published comply with all relevant legislation including Data Protection Legislation.
https://www.workplacerelations.ie/en/Publications_Forms/Advertisement-Notice-TEEU-SEO-Final-.pdf

We are all aware of the difficulties experienced by all contractors when the Labour Court oversaw the previous Registered Employment Agreement (REA) which was found invalid by the Supreme Court in May 2013 and policed by the company EPACE.
It is time to stand and be heard again in relation to the terms and conditions within our industry. It never has been a one size fits all Industry.
We will be completing a submission to the Labour Court.

We would encourage everyone to recall the Good, The Bad and The Ugly of the previous terms and Conditions of the REA as this may be the way for the establishment of a new REA/SEO under the Industrial Relations (Amendment) Act 2015 which was enacted on 22 July 2015 and came into force on 1 August 2015.

The Act makes provision for three main areas, namely:
1. it creates a new regime for registered employment agreements (“REAs”);
2. it makes provision for sectoral employment orders (“SEOs”);
3. it adjusts the Labour Court’s jurisdiction, created by the Industrial Relations (Amendment) Act 2001, to make legally binding determinations affecting employers who do not engage in collective bargaining with trade unions.
What are REAs?
An employment agreement (“EA”) is an agreement made between a trade union(s) of workers and an employer(s) (or a trade union(s) of employers), relating to the remuneration or conditions of employment of workers of any class, type or group, that is binding only on the parties to the agreement. An EA becomes an REA when it is registered in the Labour Court’s Register of Employment Agreements.
What are SEOs?
SEOs are orders made by the Minister for Jobs, Enterprise and Innovation, on the recommendation of the Labour Court and approved by resolution of both Houses of the Oireachtas, which set out the minimum rates of remuneration and the minimum pension and sick pay entitlements of workers of a particular class, type or group within a specified economic sector. They are similar to REAs but their application is not confined to employees of the employer(s) party to them and their scope is confined to pay, sick pay and pensions.
What is the effect of an SEO?
An SEO will apply to every worker of the class, type or group in the economic sector to which it is expressed to apply and to their employers. If the contract of employment of a worker to whom an SEO relates provides for a lower rate of remuneration or less beneficial sick pay or pension entitlements than those set out in that SEO, the more favourable SEO provisions will be substituted for the equivalent provisions in the contract of employment.14 In addition, an employer must not penalise an employee for relying on their rights in relation to the SEO system.

Have you continued in business since the Supreme Court ruling in May 2013?
Have you witnessed or experienced the race to the bottom?
Has the greenshoots of recovery following the worst recession in the history of the State found you?
Be heard and complete your submission on the Electrical Contracting Industry that you work in to ensure your voice is heard.
The deadline for submissions is the 14 September, 2016.
Any such representations should be sent by post to The Secretary, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4,
or by E-mail to info@labourcourt.ie.

2. Insurance: you need to contact your insurance broker or insurance company as soon as possible to amend the indemnification from ECSSA to RECI. At the same time please check that your insurance is still valid.

3. Qualified Certifier Number (QC No): your current ECSSA number will still be valid until a new Safe Electric QC No has been issued to you in 2016. It will have the same expiry date.

4. Completion certificates: from 1 January 2016 paper certificates required to be processed need to be sent to RECI at: Unit 9, KCR Industrial Estate, Ravensdale Park, Kimmage, Dublin 12. Unused ECSSA certificates you may hold will be honoured until 29/02/2016 after which date a mechanism will be in place to ensure you are not at a loss for these unused certificates. We are in discussion with the Commission for Energy Regulation as to how this will operate and we will contact you as soon as this is finalised.
In order to quantify the number of unused certificates you are currently holding the customised letter you will receive from us includes a form. We would greatly appreciate your assistance if you could fill out this form and return it to us as soon as possible.
http://reci.ie/LatestNews/NewsItems/tabid/108/articleType/ArticleView/articleId/42/Transfer-of-Registration-from-ECSSA-to-Safe-Electric.aspx

RECI will host 3 Safe Electric Information Evenings to inform Registered Electrical Contractors about the Single Safety Supervisory Body (SSB) which will regulate electrical contractors during the 2016 to 2022 licence period from 1st January 2016.

The information evenings are as follows:
TONIGHT Wednesday 9th December 6.30pm Shearwater Hotel, Marina Point, Ballinasloe, Co Galway
TOMORROW Thursday 10th December 6.30pm Vienna Woods Hotel, Glanmire, Co Cork
There be tea/coffee & sandwiches at 6.30pm. The evening presentations will start at 7.00pm.
The presentations will be by Paul Waldron, John Clare, Roger Muller of RECI & CER.
The Presentations will be followed by a Questions & Answers session.

Following on from last nights meeting Tuesday 8th December at 6.30pm in the Green Isle Hotel, Newland’s Cross, Dublin 22 the following concerns have been raised by Electrical Contractors.
The meeting was informed that from the 31st  of January all ECSSA and RECI certificates will be void. There will be no refunds.
This statement has caused an unease with Electrical Contractors who may be out of pocket following an investment in ECSSA and RECI certificates in 2015.
Following questions from the floor the CER representatives stated that they would review the situation having listened to the Electrical Contractors concerns.

Below are some of the concerns raised by Electrical Contractors:

Which RECI certificates will be used after Jan 31^st, do we know?
Which ECSSA certificates if any will be used after Jan 31^st, do we know?
Are all RECI & ECSSA certificates obsolete after Jan 31^st?
Are the RECI on-line certificates obsolete after Jan 31^st ?
How do contractors obtain the correct certificates for use from 1^st Feb?
Is there a cost implication in the compliant certificates from 1^st Feb?
How much are the certificates compared to the current cost?
Will contractors be given credit for certificates already paid for – whether on-line of paper form?

All electrical contractors can contact their independent RECI Directors to raise their concerns at board level. The Independent Directors of RECI are:
Peadar Leddy (leddysecurity@gmail.com)
Brendan Hegarty (bvhegarty@gmail.com)

Alternatively you contact John Smith at info@neci.ie.

The information evenings are as follows:
Tuesday 8th Dec 6.30pm Green Isle Hotel, Newland’s Cross, Dublin 22
Wednesday 9th Dec 6.30pm Shearwater Hotel, Marina Point, Ballinasloe, Co Galway
Thursday 10th Dec 6.30pm Vienna Woods Hotel, Glanmire, Co Cork
There be tea/coffee & sandwiches at 6.30pm. The evening presentations will start at 7.00pm.
The presentations will be by Paul Waldron, John Clare, Roger Muller of RECI & CER.
The Presentations will be followed by a Questions & Answers session.
http://reci.ie/LatestNews/NewsItems/tabid/108/articleType/ArticleView/articleId/38/Safe-Electric-Information-Evenings.aspx