Nash brings draft Bill on collective bargaining rights to Cabinet

The Cabinet will today consider draft new industrial relations legislation including long-promised reforms to give workers greater collective bargaining rights.

The draft Bill will also contain a revised framework for setting minimum terms and conditions in particular sectors.

The collective bargaining initiative is a key issue for the trade union movement and has been strongly backed by the Labour Party although it has been criticised by some in Fine Gael.

Under the proposed legislation, in cases where it can be demonstrated that collective bargaining does not exist in a company, a group of workers would have a right to a hearing at the Labour Court – where they could be represented by a trade union – and have their case examined in comparison with similar firms, both unionised and non-unionised.

In such cases, the Labour Court would be permitted to issue a recommendation that is binding in law and could be enforced in the Circuit Court.

It is understood the new collective bargaining proposals are set out in draft legislation which will be brought to Cabinet by Minister for Business and Employment Ged Nash.

The Government hopes to see the legislation passed by the Oireachtas by the end of July.

‘Strong forces’

Last month general secretary of the

Irish Congress of Trade Unions

Patricia King

said there were “strong forces” at play who would walk over hot coals before they allowed promised legislation to provide for greater collective bargaining rights for workers to come into force.

In February Fine Gael TD John Deasy told the Public Accounts Committee the collective bargaining legislation could act as an impediment to foreign direct investment.

The new draft legislations to be considered by the Cabinet today will also contain a new framework to replace registered employment agreements.

In 2013 a Supreme Court ruling found the registration of employment agreements, including those governing terms and conditions for workers in particular sectors of the economy, to be invalid.

The new Bill will provide for the reintroduction of a mechanism for the registration of employment agreements between an employer or employers and trade unions governing terms and conditions in individual enterprises.

Such agreements would not be legally binding beyond the subscribing parties.

Minimum rates

Separately, the new draft legislation provides for a statutory framework for establishing minimum rates of remuneration and other terms and conditions of employment for a specified type, class or group of workers.

In essence it sets out a a framework to replace the former system of registered employment agreements which set down minimum terms and conditions in particular sectors.