Gerald Nash (Louth, Labour) | Oireachtas source

In these type of circumstances, of course the question will be asked as to how the Government can help to address a situation like this where an employer refuses to engage with its workforce. It is to address these very kinds of circumstances that I am drafting new collective bargaining legislation which we will enact as a Government in mid 2015. Deputy Costello will be only too well aware that this is a key commitment of the Labour Party and indeed Fine Gael in government, which was reflected again in the Taoiseach's and Tánaiste's statement of priorities as recently as last July.

I will legislate for an improved framework for workers who seek to improve their terms and conditions where there are no arrangements in place with their employers to do so through a collective bargaining system. This new system will give confidence to workers in employment where there is no collective bargaining. They will have a robust and effective legal system that will ensure they can air their grievances about pay, terms and conditions and have these determined based on comparators with relevant and similar companies and, crucially, where they cannot and will not be victimised for doing so. I understand the Labour Court, a key labour relations institution in this State which we all know commands the respect of employers, trade unions and the public, made this point as recently as last November:

"The Company, contrary to the terms of the 1996 Collective Agreement, has refused to engage with the Union on those grievances either in direct talks, through the LRC or at the Labour Court."

I understand that Mandate Trade Union has referred matters concerning the effective non-utilisation of what is now a 20 year old agreement to the court on several occasions in the past five years or so. What has occurred does not serve the interest of anybody. It certainly does not serve the interests of society or the economy or serve the promotion of harmonious industrial relations broadly where any party to any dispute of any description, regardless of whether they are an employer or trade union, might run the risk of being accused of treating the State's highly developed industrial relations institutions in a cavalier fashion. The Deputy will agree with me that nobody takes lightly a decision to take industrial action, and certainly strike action. Strike action hurts both workers and businesses and it is a decision of last resort. I can understand the frustration of the workers involved and their trade union representatives.

This dispute can certainly be avoided. I would like to see it avoided, as would everybody, but it should be in everyone's interest to seek an early, just and fair resolution to it through the professional, respected and trusted industrial relations machinery of the State. The institutions of the State that deal with industrial relations stand available to engage with the parties involved to assist in the delivery of such an outcome.

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