Derek McDowell (Labour)

I move amendment No. 38:

In page 15, lines 39 to 45, to delete subsection (9) and substitute the following:

"(9) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person in the employment of Aer Rianta, before the Dublin appointed day or who is transferred to the Shannon or Cork Airport Authorities on the relevant appointed day, shall be brought to no less beneficial conditions of service or remuneration (including conditions in relation to tenure of office) than the conditions of service or remuneration (including conditions in relation to tenure of office) to which he or she was subject immediately before the relevant appointed day.".

The amendments relate to section 12 which deals with the existing workforce's terms of conditions of employment. There is a need to clarify the nature of consultation and negotiation with the trade unions. The terms and conditions of employment of existing workers are guaranteed. Are they guaranteed ad infinitum or until such time as there is agreement with the trade unions to change them? As it stands, it is intended that the boards will meet with the trade unions within a short period of time to renegotiate the terms and conditions of employment of the existing workforce. Subsection (12) specifically requires consultation with regard to terms and conditions of employment for a period of six months following the enactment of the Bill. Three of the proposed amendments seek to tighten this provision and require that the negotiation period is extended six months from the appointed day, namely the date on which staff are transferred. The amendments seek to ensure there will be a requirement of agreement with the trade unions before new terms and conditions of employment are established, rather than just providing for consultation with the trade unions which could be perfunctory. It is not clear what will happen should the parties fail to reach agreement within the required six-month period. Will the power to set conditions revert to management? I assume it will. In that instance, is management bound by a guarantee given in an earlier subsection that they cannot worsen the conditions of employment of individual workers? If management is not bound by that guarantee, then the guarantee is only effective for six months. That is not worth a great deal.