Mick Barry (Cork North Central, Solidarity)
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234. To ask the Minister for Jobs, Enterprise and Innovation if she will raise with a company (details supplied) which is engaged by the HSE on State contracts the reason it does not recognise a union which represents its staff in view of the fact that it recognises a union in Northern Ireland; and if she will make a statement on the matter. [53235/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I thank the Deputy for bringing this matter to attention but should point out that under Irish law there is no requirement for an employer to recognise trade unions for the purpose of collective bargaining.

Article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions. It has been established in a number of legal cases that the constitutional guarantee of the freedom of association does not guarantee workers the right to have their union recognised for the purpose of collective bargaining. 

I can assure the Deputy however that it has been the consistent policy of successive Irish 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 that is premised upon freedom of contract and freedom of association.   There is an extensive range of statutory provisions designed to back up the voluntary bargaining process. 

The Industrial Relations (Amendment) Act 2015 which came into effect in August 2015 provides an improved framework in this area for employees’ right to engage in collective bargaining. The 2015 Act provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.

The Act ensures that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.

I trust that this information is helpful to the Deputy.