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Industrial Relations

Dáil Éireann Debate, Wednesday - 13 May 2015

Wednesday, 13 May 2015

Questions (23)

Joan Collins

Question:

23. Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if he will confirm that the July 2015 deadline for the introduction of robust collective bargaining legislation is still on track; and if he will make a statement on the matter. [18359/15]

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Written answers

Cabinet approval was obtained on Wednesday last, May 6th, to publish the Industrial Relations (Amendment) Bill 2015. Publication is expected this week with enactment to follow as expeditiously as possible thereafter.

The main purpose of the Bill is twofold: Firstly to provide (1) for the reintroduction of a mechanism for the registration of employment agreements between an employer or employers and trade unions governing remuneration and conditions of employment in individual enterprises, and (2) to provide for a new statutory framework for establishing minimum rates of remuneration terms and conditions of employment for a specified type, class or group of workers, particularly in the context of transnational provision of services and promoting harmonious relations between workers – in effect a framework to replace the former sectoral Registered Employment Agreements. The relevant provisions are contained in Part 2 of the Bill.

Secondly, to put in place the legislative amendments to the Industrial Relations Acts 2001 and 2004 required to give effect to the Programme for Government commitment to reform the current law on employees' right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001), so as to ensure compliance by the State with recent judgments of the European Court of Human Rights (ECHR). Furthermore, the Statement of Government Priorities 2014-2016 prioritised the enactment of the Collective Bargaining legislation as approved by Government. The relevant provisions are contained in Part 3 of the Bill.

The proposals in the Collective Bargaining element of the legislation respect Ireland’s voluntary Industrial Relations system but ensure that where an employer chooses not to engage in collective bargaining either with a trade union or an internal ‘excepted body’ the 2001 Act will be remediated to ensure there is an effective means for a trade union, on behalf of members in that employment, to have disputed remuneration and conditions of employment assessed against relevant comparators and determined by the Labour Court if necessary.

They will also ensure that if an employer chooses to collectively bargain with an internal ‘excepted body’, instead of a union, that body must pass tests as regards its independence.

Provisions are included to ensure the Act is used appropriately. There are provisions to ensure cases dealt with are ones where the numbers of workers are not insignificant; provisions to ensure elements of remuneration and conditions of employment are not challenged without regard for the totality of remuneration and conditions of employment; provisions to manage the frequency of reassessment of the same issues.

Crucially, additional protection by way of interim relief is proposed where a trade union member, identified in the course of use of the process under the Act, believes her or his dismissal is a direct consequence of this.

In addition, any determination by the Labour Court may also be enforced by the Circuit Court, should any employer choose not to engage with a trade union or implement a previous recommendation of the Labour Court.

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