Dáil Éireann Debate, Tuesday - 26 May 2015
346. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the Industrial Relations (Amendment) Bill currently being drafted; and if he will make a statement on the matter. [20506/15]
Amharc ar fhreagraThe Industrial Relations (Amendment) Bill 2015 was published on 14 May 2015. Provisions in relation to collective bargaining are contained in Part 3 of the Bill.
When enacted, the legislation will 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).
It will provide a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.
It will ensure that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.
The Government is conscious that workers in some employments may feel exposed in seeking to improve terms and conditions and that making themselves known may have unwanted consequences. With this in mind the legislation will bring in significant protection against such victimisation. This will be done by way of interim relief in the Circuit Court in circumstances where a dismissal is challenged by a worker who believes that he or she was victimised as a result of their participation in the processes of the Act being invoked.
Provisions are included to ensure the Act is used appropriately and not abused in any way. 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.
In reaching this position, worker and employer stakeholders have played a critical role in assisting Government developing this clear and workable framework and I wish to acknowledge the significant contributions of the representatives of both sides of industry in this regard.
This new legislative framework will fit Ireland’s constitutional, social and economic traditions and its international obligations, and, very importantly, will ensure continued success in creating jobs and attracting investment into the economy.
