John O'Mahony (Fine Gael) | Oireachtas source

I am standing in for Senator Reilly and I will be very brief. The system of industrial relations in Ireland has been voluntary in nature. There has been agreement on all sides that the employment terms and conditions of workers are best determined by a process of voluntary collective bargaining between an employer or employers' association and one or more trade unions without the intervention of the State. Under this process, standard matters, such as wages and hours of work, are determined. In addition, some collective agreements lay down procedural rules that govern the conduct of industrial relations between the parties.

Over the years, however, legislation has been enacted in certain areas, such as minimum rates of pay, holidays, working hours, minimum notice, redundancy, dismissals and employment equality, that lays down certain minimum standards that may be improved upon by collective bargaining but cannot be taken away or diminished. EROs, the legally binding instruments resulting from an agreement reached at a JLC, can enhance these statutory minimums. The State's role in industrial relations in Ireland has been largely confined to facilitating the collective bargaining process through establishing by legislation institutions to assist in the resolution of disputes between employers and workers. This approach has served and continues to serve Ireland well. The Private Members' Bill contains proposals that undermine the voluntary nature of industrial relations and consequently we will oppose the Bill.