David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 14, after line 38, to insert the following:“(c) hours of work;”.

We were asked to include this amendment by the Mandate trade union. The court is asked to look at a number of things. Obviously the rate of pay is the main element. The Minister of State will be aware that the difficulty for workers in short-term contracts is not so much the rate - obviously that is one of the issues - but the short-term nature of their contracts. This came up in the context of the ability of the Low Pay Commission to vary the minimum wage. It may increase the minimum wage and that would be good for those workers affected, but for someone on a low-hours contract the difficulty or problem is the hours. Their hours can be cut because of the precarious nature of their employment or because of the nature of their contracts. We are asking that amendment No. 6 be added so that the hours of work are also taken into account.

This would actually do something pragmatic and constructive for Dunnes Stores workers. This legislation, if passed, in some ways might do something. It is one of the employers which simply will not engage with the trade unions. It is despicable that we have a domestic retail company which makes vast amounts of money and very healthy profits in this country but simply will not negotiate with the trade union involved. That is an absolute disgrace. Whatever about my views of the limitations of the collective bargaining provisions in the Bill, at least it opens up the possibility that the company may be forced to engage with the industrial relations machinery.

This is one of the clear difficulties facing that category of workers. Pay is one element but hours is the critical point and low-hour contracts is the critical issue. We are asked about this over and over again and pressure is being put on us. I saw numerous Labour Party Deputies and Senators at the Clerys protest and at the Dunnes Stores protest and rally some weeks ago, and rightly so. People ask us what we are going to do as legislators to ensure that their issues are dealt with. This is something we can do, small as it is. The Minister of State could accept this amendment and ensure that hours of work is something to which the court would have to give consideration. I call on the Minister of State to support the amendment in that spirit.