Further to the recent High Court decision of National Contractors of Ireland v the Labour Court, the Minister for Business, Enterprise and Innovation Ireland and the Attorney General (2019 No. 280 JR), the High Court has placed a stay on the declaration in respect of the constitutionality of Chapter 3 of the Industrial Relations (Amendment) Act 2015 (the "2015 Act"). See a previous client update we wrote on this decision here.

The High Court decision issued on 23 June last held that the SEO applying to electrical contractors and their employees was invalid. The Court also held that the primary legislation (Chapter 3 of the 2015 Act) under which the SEO was made was unconstitutional.

In a judgment delivered on 31 July last, Justice Garrett Simons has now held that the declaration of constitutional invalidity of Chapter 3 of the 2015 Act should be deferred for a period of six months.

The declaration relating to the invalidity of the electrical contracting SEO stands and this SEO is invalid on the basis that it was made ultra vires the 2015 Act and in breach of fair procedures, the Court indicated that other existing SEO arrangements remain in force for now.

The Irish State has indicated that it intends to apply for leave to appeal the decision of the 23 June last directly to the Supreme Court.