In addition to provisions such as the national minimum wage, some workers are subject to special agreements that deal with the remuneration and working conditions of the workers concerned and may be included in an employee`s employment contract. The 2015 Act was introduced following the Supreme Court`s decision in McGowan vs. Labour Court  IESC 21. That judgment held that the provision relating to ”registered contracts of employment” in Part 3 of the Industrial Relations Act 1946 was not valid, having regard to the provisions of Article 15.2.1° of the Constitution. The concept of sectoral labour orders, introduced in Chapter 3 of the 2015 Act, is new and tightened compared to employment contracts registered under the 1946 Act. A referencing is a piece of secondary legislation. It is a collective agreement governing rates of pay, pension rights and sickness benefits in the defined sector to which it refers. Electrical Contracting Sector Order One of the criticisms made by the McGowan Supreme Court was that the Labour Court was not required to consider the interests of those who would be bound by the registered employment contract but who had to be parties. SEOs are promulgated in accordance with primary legislation [the Industrial Relations Act 2015 (”2015 Act”). The 2015 Act was introduced to address shortcomings found in an earlier act (Part III of the Industrial Relations Act 1946) that regulated the old system of collective agreements, registered employment contracts. This system was found unconstitutional in the Supreme Court decision of McGowan v. Labour Court  IESC 21.
The direct impact for employers in each sector previously covered by an SEO is that they might be able to hire new employees under less favorable conditions than those set by SEOs. However, existing working conditions should not be affected, given that the conditions of seOEs that were once legally usable have probably been included in workers` employment contracts and can therefore only be changed by agreement. Section 15.2.1 of the Irish Constitution provides that the exclusive and exclusive power to legislate for the State rests with the Oireachtas. In 2013, the Supreme Court1 ruled that a predecessor of the referencing system, the registered Employment Agreements (REA) system for determining rates of pay and working conditions, was unconstitutional. An REA must be registered with the Labour Court. The effect of registration makes the REA mandatory for subscribers. . The High Court ruled that ”the conditions of referencing should be precise and closed in themselves”. It found that if an employer needed to search outside the conditions of referencing to find out what its legal obligations are, it would undermine legal certainty. . . .