Workplace Relations Bill 2014 Overview and Updates

1. Construction Industry Federation Update on Developments in the Industry

2. Welcome & Opening Address

3. State of the Industry & Prospects for 2015/2016 Tom Parlon Director General CIF

4. Questions & Answers

5. Industrial Relations Update Joe O’Brien Director Southern Region CIF

6. Industrial Relations and Employment Services The Workplace Relations Bill New Legislation to Replace REAs

7. Workplace Relations Bill 2014 WHAT IS IT? A Bill to streamline the existing framework for the resolution of employment rights and industrial relations complaints and disputes. OBJECTIVE - To deliver a world-class workplace relations service which is user-friendly, independent, effective, impartial and cost effective for both employers and employees. - To resolve workplace related disputes as quickly and as inexpensively as possible.

8. Workplace Relations Bill 2014 • The Bill provides for: • Establishment of the Workplace Relations Commission (WRC) • Enhanced enforcement procedures • Compliance notices • Fixed payment notices

9. Workplace Relations Bill 2014 • A new structure will see the existing five state bodies replaced by two. The five bodies are: • The Labour Relations Commission • The Rights Commissioner Service • The Labour Court • The Employment Appeals Tribunal • The Equality Tribunal

10. Workplace Relations Bill 2014 The five state bodies will be replaced by: 1. The Workplace Relations Commission will deal with all cases in the first instance • The Labour Court will deal with all cases on appeal

11. Workplace Relations Bill 2014 Function of WRC: • Mediation on a voluntary basis. • Employees with multiple complaints will have all complaints dealt with in one place at the same time • One website will replace five and this website for use by employers and employees alike. • NERA will come under the auspices of the WRC.

12. The Workplace Relations Commission Three services for resolving disputes:- • A Case Resolution Officer (optional). • A Mediator (optional). • Adjudication (mandatory for employment law complaints) 12

13. Case Resolution Officer Case Resolution Officers will provide an informal, telephone-based advisory service to assist employers and employees to resolve a dispute by means of settlement, rather than through formal adjudication. This scheme has been piloted and implemented since May 2012 through the “Early Resolution Service”. 13

14. Mediation Officer This will be a face-to-face mediation service staffed by Mediation Officers at the WRC who will facilitate parties to reach a settlement agreement. 14

15. Adjudication Officer Adjudication Officers will hear about alleged breaches of employment law and will give a decision on the matter. Complaints will be heard in private but decisions will, in general, be published. Existing Rights Commissioners and Equality Officers will be transferred to the role of Adjudication Officers. 15

16. Workplace Relations Bill 2014 • Function of Labour Court • A court of last resort • Will deal with cases on appeal from WRC • Labour Court hearings will generally be held in public

17. Workplace Relations Bill 2014 • Compliance Notice • May be served on an employer by an inspector where the inspector is satisfied that the employer has contravened certain employment protective legislation. • An employer may be directed to do or to refrain from doing certain acts.

18. Workplace Relations Bill 2014 • Fixed Payment Notice • Where an inspector has “reasonable grounds” for believing that an employer has committed a relevant offence, a fixed payment notice may be issued directing a payment not exceeding €2,000.

19. Industrial Relations (Amendment) Bill 2014 • Legislation to provide a replacement for REAs. • The Bill provides a mechanism for employers and/or unions to apply to the Labour Court to initiate a review of pay/pensions/sick pay and to make a recommendation to the Minister for the making of an Order.

20. Industrial Relations (Amendment) Bill 2014 • The Bill provides for the following: • Rates of pay • Pensions and sick pay • Dispute settling provisions • Exemptions from pay • Compliance and enforcement provisions

21. Industrial Relations (Amendment) Bill 2014 • If issued, the Order will be legally binding on all employers and workers. • Essential that the views of the industry are communicated to government to ensure we can influence the new legislation.

22. Industrial Relations & Employment Services • Evidence of increasing union activity • CIF can represent you at: • third party hearings • Negotiations locally and nationally with trade union • Government

23. Questions & Answers

24. Tendering & Contracting Update Martin Lang CIF Director Main Contracting

25. Tendering & Contracting Update March 2015 1.Public Sector Contracts Reform 2.Construction Contracts Act 3.New EU Directives

26. Public Sector Contracts Reform http://cif.ie/images/pdfs/CIFSubmissiontotheGCCCreview.pdf http://constructionprocurement.gov.ie/wp-content/uploads/Report-on-the-Review-of-the-Performance-of-the-Public-Works-Contract.pdf

27. Public Sector Contracts Reform contd. • Interim Recommendations • Make the Bill of Quantities the primary reference document for the pricing of public works tenders for projects designed by the contracting authority • Introduce a separate tender and subcontract for specialist works contracts. • Require all projects with a value in excess of €2m to be awarded on the basis of MEAT with a significant weighting for quality. • Overhaul the dispute resolution procedures for all public works contracts.

28. Public Sector Contracts Reform contd. • Medium Term Strategy • Risk Management • Encouraging co-operative behaviour • Introduction of performance evaluation • Alternative forms of contract

29. Construction Contracts Act http://www.irishstatutebook.ie/pdf/2013/en.act.2013.0034.pdf

30. Construction Contracts Act Many unfulfilled promises & False Dawns! Latest Position A delegation from CIF attended a briefing with other industry stakeholders in the Department of Jobs, Enterprise and Innovation on Thursday 18th December, hosted by Minister Ged Nash and Minister Paudie Coffey. Minister Nash outlined the program to completion which he endeavours to complete by Spring 2015 and includes the following: 1. An advertisement by the Public Appointments Service for applications for appointment to the Panel of Adjudicators is expected to be published in mid-January 2015 with a 4 week window. 2. The selection and appointment of a chairman from those applicants to the Panel of Adjudicators. 3. The publication of the proposed final draft of the Code of Practice for Adjudication. 4. Announcement of the date for the signing of the commencement order and subsequent commencement date for the Act

31. Construction Contracts Act • The Minister introduced the new senior staff, including Loughlin Quinn who is Director of the new Construction Contracts Advisory Service. Philip Crampton thanked the Minister for his commitment but outlined how the industry was frustrated with progress and simply wanted the date for commencement of the Act. Minister Nash stated that he is fully committed to delivering the Act but will make no apology for the fact that he intends to complete the implementation with a full and unquestionable process. • Other matters raised by stakeholders during the discussion included inconsistencies within the Act and Code, the role of the chairman and the absolute need to be planning in advance for changes to the Rules of Court to permit access for a swift enforcement process, in the event that a party were to receive an adjudicator’s award.

32. Construction Contracts Act • It has been recently reported that the appointment of a Chairman of the Adjudicators Panel is at an advanced stage. • Further meeting to be arranged with Loughlin Quinn. • PTCM associations currently exploring possible amendments to the act. • Code of Practice for Adjudicators.

33. New EU Directives http://cif.ie/images/pdfs/EUProcurementDirectives.pdf

34. Questions & Answers

35. Building Control, CIRI, Planning & Miscellaneous Update Hubert Fitzpatrick CIF Director Housing/Planning

36. Matters to be Addressed • Building Control (Amendment) Regulations 2014 • Building Regulations (Part E Amendment) Regulations 2014 • New Vacant Completed Housing Units: National Statistics • Central Bank: Residential Mortgage Lending • CIRI: Update and CPD • Planning and Development: Proposed Amendments • Irish Water: Vacant Units, Regional Leads • Taxation measures for development of zoned serviced land • Construction Financing Options Event: 4 March 2015

37. Building Control (Amendment) Regulations 2014 BCMS at end 2014 • 5,194 Commencement Notices lodged • Valid – 86% • 80,000 documents filed • 273 Completion Documents

38. Building Control (Amendment) Regulations 2014 Sample Matters Arising: • Undertaking By Builder – must only apply for works under his control • Define responsibilities of ancillary builders/ ancillary contractors and/or suppliers • Define responsibilities for Completion Certificates and ancillary completion Certificates • Situations where specialist contractors are the main builders • Builders accepting appointments as Builder for works outside of their scope of responsibility

39. Building Control (Amendment) Regulations 2014 Completion Certification for Multi Unit Development • Scheme Development in Phases - Separate Commencement Notices for each phase of development • State of compliance of developments outside the legal boundaries of the property fundamentally influences the compliance of development within those boundaries with the Building Regulations: • Housing Schemes: • Potable water supply • Disposal of foul water • Unimpeded access for fire services • Apartments: • Structural integrity of the frames • Safe means of escape etc

40. Building Control (Amendment) Regulations 2014 • Certification of compliance with planning separate process to that for compliance with building regulations • Planning compliance most frequently required as part of conveyancing process for disposal of property • Possible lodgement of completion cert with BCA prior to practical completion

41. Building Control (Amendment) Regulations 2014 • Ancillary Completion Certificates • CIF Ancillary Certificates – sub contractor and sub sub contractor for works including related design undertaken • Professionals Ancillary Certificates for design where design only undertaken by specialist and works subsequently carried out by builder

42. Building Control (Amendment) Regulations 2014 • Good Practice Guide to be developed for one off houses • Latent Defects Insurance? • Commenced March 2014 • Consultation re experience of past 12 months • Self Build Sector?

43. localgov.ie BCMS Building Control Authority (BCAs) – Inspections Stages for Compliance

44. Building Control (Amendment) Regulations 2014 Certificate of Compliance on Completion • Only necessary to upload the: • Statutory CCC Form • Inspection Plan as Implemented • Table/ Schedule of Compliance Certificates & Documents which show how compliance was achieved – include details which differ from those listed in the CN Schedule • Other documents/certificates may be requested by the BCA

45. General Comments – BCAR 2014 • Builders must ensure that a validated Commencement Notice is lodged with the BCA prior to commencing works • No provision for retrospective lodgement of Commencement Notices • Assigned Certifier’s project management role for lodgement of drawings and updating the BCMS IT System. If this role is not undertaken effectively, it could lead to serious difficulties on application to the BCA for registration of the Certificate of Compliance on Completion

46. General Comments – BCAR 2014 • Nature of Inspection Plan to be implemented should be known to the Builder before he signs the contract for the works. • Builder to determine the scope of ancillary certification required from sub-contractors engaged on the project • Ancillary certificates to address design work undertaken by sub-contractors engaged on the project

47. General Comments – BCAR 2014 • Refer to the Code of Practice for responsibilities where Owner, Assigned Certifier or Builder changes during the course of the project • The Builder accepts full responsibility for any design work undertaken by him • The Builder can only rely on the drawings and specifications supplied to him by the designer for the project

48. General Comments – BCAR 2014 • The Regulations haven’t changed, but the administrative and oversight requirements have. • The Builder always had a responsibility to build in accordance with the Building Regulations. • Restriction on occupation of new buildings or works until the Certificate of Compliance on Completion is registered with the Building Control Authority

49. Draft: Handover & Commissioning Certificates • Mechanical Ventilation and Heat Recovery • Heating Systems • Waste Water Treatment System • Solar Thermal System • Air Tightness Test • Fire Detection & Alarm Systems

50. Typical construction products in small building works where certification may be required- DRAFT • Reinforcing steel – EN10080 • Concrete – EN 206 • Concrete Blocks – EN 771-3 • Clay Bricks – EN771-1 • Masonry mortar – EN 998 • Wall ties – EN845-1 • DPC –EN 14909/EN 14967 • Hardcore – SR 21: 2014 Annex E • Radon sump – (IAB Cert/ Other) • DPM or Radon Barrier – EN 13967/ IAB