The primary responsibility for dealing with industrial relations issues and the resolution of disputes rests with employers, employees and their representatives. The State's industrial relations machinery is there to promote good industrial relations and assist parties in the resolution of disputes.
The Programme for Prosperity and Fairness contains an industrial peace clause, similar to those contained in earlier national agreements. Despite this, regrettably we have recently experienced disputes, including disputes involving essential services, where industrial action has occurred which is in breach of the industrial peace clause.
Because of the nature of the provision of essential services, the Labour Relations Commission has drawn up a code of practice on dispute procedures including procedures in essential services. This code was drawn up by the commission following consultations with the social partners and promulgated by the Minister in 1992 by means of a statutory instrument, the Code of Practice on Dispute Procedures (Declaration) Order, 1992 (S.I. No. 1 of 1992).
The code aims to ensure that disputes are resolved without recourse to industrial action by providing practical guidance on procedures for the resolution of such disputes and places particular emphasis on the avoidance of disputes in essential services. It also sets out additional procedures and safeguards for inclusion in agreements between employers and trade unions in such services.