Mick Barry (Cork North Central, Solidarity)
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80. To ask the Minister for Jobs, Enterprise and Innovation her views on an industrial dispute (details supplied); and if she will make a statement on the matter. [30631/18]

Pat Breen (Clare, Fine Gael)
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I understand that the dispute at the company referred to by the deputy relates to certain terms and conditions of employment, including that of pay and contractual security which the trade union Mandate is seeking to negotiate on behalf of its members.

At the outset, I must emphasise that Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, rests with the employer, the workers and their representatives. 

For its part, the State provides the industrial relations dispute settlement mechanisms i.e. the Workplace Relations Commission and the Labour Court, to support parties in their efforts to resolve their differences. These bodies are independent in the delivery of their quasi-judicial functions, in which I as Minister have no role.  This approach has served Ireland well over the years and in a large number of high profile disputes. 

This particular dispute was the subject of a Labour Court recommendation last April which urged the parties to engage with each other in order to seek agreement in relation to the matters at issue.  Furthermore, the Court recommended that if, following such engagement, matters remained unresolved, the parties should avail of the services of the Workplace Relations Commission and the Court in furthering efforts to secure resolution. In line with the voluntary nature of industrial relations in Ireland, recommendations of the Labour Court made under industrial relations legislation are not binding on the parties.

I understand it is the company's position that it does not recognise trade unions but has in place an internal mechanism for employee engagement. Under Irish law there is no obligation on employers to recognise trade unions. However, successive Governments have committed to the concept of collective bargaining and to this end, legislation was introduced in 2015 in the Industrial Relations (Amendment) Act 2015 to strengthen the ability of workers to collectively engage with employers.

The 2015 legislation allows for application to be made to the Labour Court to examine the issue of independence of internal employee engagement mechanisms in instances where it is contested that such mechanism is not genuinely independent of the employer.  If the Court finds that the mechanism is not independent it can then proceed to hear the dispute at issue.   

In conclusion, I would like to emphasise the need for workers and employers to make every effort to reach a resolution in this dispute which presents a significant inconvenience for members of the public. The dispute handling mechanisms of the State are of course willing, where possible, to assist the parties in coming to a resolution. This will ensure a positive outcome for the employees, the company and the customers of the company.