Ivana Bacik (Labour) | Oireachtas source

I move recommendation No. 5:

In page 32, between lines 21 and 22, to insert the following:

“Need for harmonious industrial relations and avoidance of industrial unrest

7.The Act of 2020 as amended by this Act, in so far as it relates to the wage subsidy scheme and to special warehousing and interest provisions, shall not apply to an employer unless he or she demonstrates to the satisfaction of the Revenue Commissioners that he or she— (a) does or will engage in collective bargaining with his or her employees, with the object of reaching agreement regarding working conditions and terms of employment, or

(b) is or will become a member of a representative association which agrees that it is expedient to have terms and conditions relating to remuneration, sick pay schemes and pension schemes in respect of workers in the sector from time to time examined by the Labour Court under section 15 of the Industrial Relations (Amendment) Act 2015.”.

This is a recommendation we are very anxious to press. It essentially seeks to do what the Government should have done with this Bill, as I explained on Second Stage. It aims to use the State's leverage to get better outcomes for everyone, introduce reforms in low-paid sectors and move to a model based on high-quality public services and decent pay and conditions. This recommendation would essentially ensure that in order to avail of the temporary Covid-19 wage subsidy scheme, employers would have to engage in collective bargaining. Demonstrated engagement with workers' representatives would be a condition to availing of the relevant supports.

We are seeking to do something similar with recommendation No. 6, but I will not be pressing that. The measure contemplated within recommendation No. 6 make seeks to provide protection against lay-offs and short-time work. We will not be pressing it because, as Deputy Nash noted in the Dáil, that concern is already addressed in the legislation. The provision is in section 2, which inserts a new section 28B into the Emergency Measures in the Public Interest (Covid-19) Act 2020. The relevant provision is on page 9 of the Bill. It provides for the sort of leverage or quid pro quo we were seeking to create via recommendation No. 6 and states that employers cannot avail of the scheme if, other than for bona fide commercial reasons, they lay off or remove qualifying employees from their payroll.

The Government has already introduced protections for workers against lay-offs and short-time work. Recommendation No. 5 would allow the Government institute a similar quid pro quoto ensure employers engage in collective bargaining. This would be a condition for access to the scheme. As outlined in the title to the new section we are seeking to insert, this is intended to ensure harmonious industrial relations, avoid industrial unrest and protect workers against a lack of representation in the workplace.It is in keeping with the long-standing commitment within the Labour Party to ensuring the protection of workers' rights, collective bargaining rights and union representation.

In the previous Seanad, the Labour Party group, with support from Senator Gavan and colleagues across the House, enabled the passage of the Competition (Amendment) Act 2017, which secured rights of collective bargaining for vulnerable freelance workers. It is in a similar spirit that we are seeking to press this recommendation in order to ensure that the Bill will impose certain conditions to protect workers and that these will be inserted into the scheme. We are very glad that the Government has done this already in the new section 28B in respect of employees who might otherwise be vulnerable to being laid off or to short-time working. It is great to see that the matter contemplated by recommendation No. 6 has been dealt with, and that the Minister said in response to Deputy Nash in Dáil Éireann that he will keep it under review. We are trying to do something similar with recommendation No. 5 and to go a little further to say that employers should engage in collective bargaining with their employees and that employees would therefore have the right to representation in the workplace.