Collective Bargaining in Ireland: Insights and Trends
Explore the landscape of collective bargaining in Ireland, from the role of trade unions and employers organizations to current employment statistics and historical structures. Learn about the evolution of bargaining agreements and key organizations shaping industrial relations in Ireland. Gain valuable insights for understanding the dynamics of labor relations in the country.
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KEVIN P OKELLY KEVIN P O KELLY Policy Researcher, The IDEAS Institute, ImproCollBar Conference, Sofia 15 July 2024
1. Irish trade union and employers organisations 2. Employment 3. Collective Bargaining timeline 4. Collective Bargaining structures 5. The Rights to Collective Bargaining ImproCollBar Conference, Sofia 15 July 2024
TRADE UNIONS IN IRELAND Irish Congress of Trade Unions: 45 trade unions 721,000 members: 521,000 in Republic of Ireland (RoI) 200,000 in Northern Ireland (NI) 22 unions registered in RoI (3 with members in NI) 21 unions registered in GB (9 with members in RoI) 3 NI-only unions 54% of ICTU affiliated union members are women ImproCollBar Conference, Sofia 15 July 2024
EMPLOYERS ORGANSATIONS Irish Business and Employers Confederation (IBEC) o 7,500 business and enterprise members (approx) o Representing 70% of private sector employment o Member of BusinessEurope Construction Industry Federation (CIF) Irish Farmers Association ImproCollBar Conference, Sofia 15 July 2024
CURRENT EMPLOYMENT (Q1 2024) Unemployment at 4% o16% in 2012!! Technology / Pharmaceutical / Social Media / Food Sectors Technically full-employment 2.7 million employed: 74% Gender Pay Gap - 2023 8.2%; (2022: 9.6%) Public Sector: New collective agreement January 2024: o 400,000 public servants including civil services, local authorities, defence, policing, State agencies, etc. o 9.25% increase over 2.5 years (January 2024 June 2026) ImproCollBar Conference, Sofia 15 July 2024
COLLECTIVE BARGAINING IN IRELAND 1970s: Bi-partite National Wage Agreements 1980s: Tripartite National Understandings 1990s: Tripartite National Economic and Social Agreements 2009: Return to enterprise-level bargaining 2020s: Enterprise-level and Public Sector Bargaining ImproCollBar Conference, Sofia 15 July 2024
COLLECTIVE BARGAINING STRUCTURES: WORKPLACE RELATIONS COMMISSION (WRC) The WRC is an independent statutory body set up under the Workplace Relations Act, 2015. It brought together a range of industrial relations organisations, such as the Conciliation Service, the Joint Labour Committees and Joint Industrial Councils and the Equality Tribunal that had been set up over the years!! ImproCollBar Conference, Sofia 15 July 2024
WORKPLACE RELATIONS COMMISSION Its core services include: o Mediation and Conciliation o Advisory services, adjudication on complaints and disputes, o Monitoring employment conditions to ensure the compliance and enforcement of employment rights legislation o The provision of information and the processing of employment agency and protection of young persons (employment) licences o Provides advice and guidance in relation to Codes of Practice ImproCollBar Conference, Sofia 15 July 2024
COLLECTIVE BARGAINING STRUCTURES: CONCILIATION SERVICE The Conciliation Service is a voluntary process in which the parties to an industrial dispute agree to avail of a neutral and impartial third party to assist them in resolving their dispute Conciliation conferences are chaired by professional Industrial Relations Officers from the WRC Participation in this conciliation process is voluntary both parties must agree to the process ImproCollBar Conference, Sofia 15 July 2024
COLLECTIVE BARGAINING STRUCTURES: CONCILIATION SERVICE Settlements are reached by consensus, whether by negotiation and agreements facilitated between the parties themselves, or by the parties agreeing to settlement terms proposed by the Chair (the IR Officer) The conciliation process is informal and non-legalistic. The parties are free to represent themselves or be represented by a trade unions or by an employer organisation Legal representation is discouraged!! If there is no agreement the dispute can be referred to the Labour Court ImproCollBar Conference, Sofia 15 July 2024
COLLECTIVE BARGAINING STRUCTURES; LABOUR COURT The Labour Court (set up by the 1946 IR legislation) is independent of the WRC It provides an industrial relations service to consider disputes that parties have been unable to resolve themselves or with the assistance of the WRC Conciliation Service. It is the Court of Last Resort and more formal than the Conciliation Service Disputes can be referred to the Court for an opinion and it issues a Determination The Determination is not binding on the parties, but is (almost) always excepted ImproCollBar Conference, Sofia 15 July 2024
THE RIGHT TO COLLECTIVE BARGAINING Lisbon Treaty o Articles 153 to 155 European Social Charter (Council of Europe) o Article 5 & 6 International Labour Organisation oCollective Bargaining Convention, 1981 (No. 154) Charter of Fundamental Rights oArticle 28 ImproCollBar Conference, Sofia 15 July 2024
THE RIGHT TO COLLECTIVE BARGAINING Lisbon Treaty (TFEU) Title IX (Social Policy) Article 152 o Promotes the role of the social partners Article 153 oLists the fields of social policy the EU support and complements Article 154 o Commission will consult social partners and facilitate their dialogue Article 155 o Collective agreements at EU level ImproCollBar Conference, Sofia 15 July 2024
THE RIGHT TO COLLECTIVE BARGAINING Charter of Fundamental Rights of the European Union Article 28 o The right to collective bargaining o The right to negotiate and conclude collective agreements o The right to collective action, including the right to strike ImproCollBar Conference, Sofia 15 July 2024
THE RIGHT TO COLLECTIVE BARGAINING International Labour Organisation Collective Bargaining Convention, 1981 (No. 154) European Social Charter (Council of Europe) Article 5 & 6 ImproCollBar Conference, Sofia 15 July 2024
ILO Collective Bargaining Convention (No. 154) 1981 Updated Convention on the Right to Organise and Collective Bargaining (No. 98) 1949 Accompanying Recommendation No.163 Object to promote and how to implement Collective Bargaining by ILO Member States Ratified by 14 EU Member States - Project partners: Belgium; Cyprus; Greece; Romania Not ratified by 12 EU Member States, including Bulgaria; Croatia; Italy; France; (also Ireland!!) ImproCollBar Conference, Sofia 15 July 2024
Council of Europe, European Social Charter Article 5 & 6 Protection of Human Rights and Fundamental Freedoms, 1950 Protocol for a Social Charter, 1952 European Social Charter, 1961 (Revised 1996) o Art 5: The right to organise; o Art 6: The right to bargain collectively Annual monitoring by European Committee on Social Rights to examine adherence to the Charter by CofE member Sates ALL EU MEMBER STATES HAVE RATIFIED THE CHARTER ( with some reservations of some Articles!!) ImproCollBar Conference, Sofia 15 July 2024
Go Raibh Maith Agat Thank You Hvala vam okellykevinp@gmail.com ImproCollBar Conference, Sofia 15 July 2024
