Damien English (Meath West, Fine Gael) | Oireachtas source

I thank both Deputies Nash and Munster for raising this matter and giving me an opportunity to respond on behalf of my Department and its Minister, Deputy Humphreys.

3 o’clock

I understand the dispute relates to issues, including a collective agreement, among others that have developed over the past couple of months. I emphasise that Ireland's system of industrial relations is essentially voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers rests, in the first instance, with the employer, the workers and the representatives.

I understand that in this case some level of engagement with the State-sponsored industrial relation mechanisms, that is, the WRC, has taken place as outlined by both of the previous Deputies and from our own information. I reiterate that the WRC is available to any interested parties that require it and urge all sides to involve themselves in that. As part of its functions, the WRC provides information relating to employment entitlements, obligations, equality and industrial relations matters. Any discussions entered into voluntarily by the workers and employers with one of the State's industrial bodies, the WRC or the Labour Court are confidential to the parties and I, as Minister of State, have no role in or knowledge of these discussions.

It has been a consistent policy of successive Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework supportive of a voluntary system of industrial relations premised on freedom of contract and freedom of association. An extensive range of statutory provisions have been designed to back up the voluntary bargaining process. Freedom of association and the right to organise and bargain collectively are also guaranteed in a number of international instruments, which the State has ratified and is, therefore, bound to uphold under international law.

Since 1946, the Labour Court has provided an industrial relations service whereby disputes in which parties have been unable to resolve issues, themselves or with the assistance of the WRC, can be temporarily referred to the Labour Court for an opinion in the form of a recommendation of the court, which is not binding on the parties. The vast majority of industrial relations recommendations are accepted voluntarily by the parties.

The Industrial Relations (Amendment) Act, which came into effect on 1 August 2015, provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed in employments where collective bargaining cannot take place, and brings clarity or certainty for employers in terms of managing their workplaces in this respect. It also provides strong protection for workers who invoke the provisions of the industrial relations Acts, 2001 and 2004, or who have acted as a witness or a comparator for the purposes of those Acts. It ensures that where an employer is engaged in collective bargaining with an internal accepted body as opposed to a trade union then that body must satisfy the Labour Court as to its independence of the employer.

Legislation ensures the retention of Ireland's voluntary system of industrial relations. However, it also ensures that where an employer chooses not to engage in collective bargaining, either with a trade union or an internal accepted body, and where the number of employees on whose behalf the matter is being pursued is significant, an effective framework exists that allows a trade union to have the union relation and terms and conditions of its members in that employment assessed against relevant comparatives and determined by the Labour Court if necessary.

Both Deputies have asked me to comment on the management. I will be clear on this. We generally ask in these cases that both sides engage as they have been doing already but to re-engage, if necessary, with the mechanisms that are in place and that have served the State well.

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