It would be hypocritical of Government not to provide necessary legislation to promote collective bargaining after backing the EU directive requiring its promotion, the Irish Congress of Trade Unions (Ictu) has said.
The Directive on Adequate Minimum Wages, due to be transposed by member states by November 15th, identified collective bargaining as a mechanism for supporting improved wages for the low paid.
It requires all countries in which less than 80 per cent of workers are affected by collective agreements to promote its use. In Ireland the rate of coverage – the number of people whose minimum terms are governed by collective agreements even if they are not a member of a trade union – is about 40 per cent with much of that in the public sector.
Trade unions had been pressing for legislation that would require private sector employers to negotiate with them but the Department of Enterprise and Employment has said the legal advice it received from the Attorney General states no law is required, and none is planned.
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The European Trade Union Confederation has said Ireland is one of just three EU members, along with Germany and Slovenia, to say they will not legislate on the issue although a further seven have not initiated any process to date.
The Government will be obliged to publish an “action plan” for the promotion of collective bargaining in a year’s time. In a letter to Ictu general secretary Owen Reidy, Minister of State at the Department of Enterprise Emer Higgins said legislation could be introduced at that stage if deemed necessary.
Minister for Enterprise Peter Burke has said there will be a public consultation on the issue in the meantime.
“That needs to be about how we do this,” Mr Reidy said, “not whether or not collective bargaining is a good thing or not because that bit is set out in the directive”.
He said the Irish Government risked making the mistake others had in relation to fueling the growth of the far right by failing to support measures intended to ensure work paid.
“We have seen a slide towards fascism in some other countries and the Government needs to work to ensure that we don’t see a continued rise in far right sentiment here by holding the centre ground, and that includes on workers’ rights.”
In terms of workplace representation, he said, the removal of an employers’ right not to recognise or deal with trade unions had to be removed.
“We are not asking the Government to organise workers for us – we’ll do that – we know the desire is there, but the employers’ veto has to go.”
Meanwhile, speaking in Galway at the Siptu industrial sector conference, deputy general secretary Greg Ennis told delegates the directive had been “fully supported by Government party MEPs in Europe and its TDs in Dail Eireann but now looked set to be “naked and toothless” when transposed.
However, he remained “optimistic”, he said, on the action plan which is a “first real opportunity to bring about long overdue rights for workers to collectively bargain with their employer by a union of their choice.”
“We need protections for our activists at enterprise level, we need union access and we need workers to be given a fair and balanced opportunity to bargain on their pay, terms, and conditions without fear of being penalised or worse,” he said.
Unite, meanwhile, said the Government was “fostering a cold climate for workers,” with its attitude towards the directive.
Ibec, the employers body, however, has consistently argued no legislation was required in order for Ireland to comply with its obligations under the directive and suggested this week it does not expect any significant change to the existing landscape after its transposition.
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