FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : METEOR MOBILE COMMUNICATIONS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - COMMUNICATIONS WORKERS' UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Request by a Trade Union or Excepted Body for a Determination in relation to Labour Court Recommendation No. LCR17891.
BACKGROUND:
2. A Labour Court hearing took place on the 4th of October in relation to the above and the Court's Determination issued as follows:
DETERMINATION:
The matter before the Court is a request by the Union for a determination pursuant to Section 6(1) of the Industrial Relations (Amendment) Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004 (the Acts). The Court is satisfied that the issues, the subject of the Labour Court Recommendation No 17891 made under Section 5 of the Act have not been resolved.
Having considered the submissions of both parties, the Court hereby issues the following determination under Section 6(1) on the outstanding issues:-
Number of call centre agents
The Court accepts that the issue of the number of call centre agents covered by this determination was the subject of dispute. However, at the hearing on 4th October 2004, this matter was reconciled and agreed between the parties.
Pay
By letter dated 11th August, 2004, the Company sought clarification of Labour Court Recommendation No. 17891 with regard to the status of their merit based pay systemvis a visnational pay agreements.
For the benefit of the parties, the Court clarified its position stating that in the absence of any other established or agreed method of pay determination, due regard should be given to the elements of pay increases provided under the terms of the national pay agreements in place at the time - Sustaining Progress 1 and the new forthcoming agreement, Sustaining Progress 11.
Therefore, the Court recommended increases for the period 1st April, 2004 up to 31st December 2004, to be paidin linewith those provided by the terms of Sustaining Progress 1 (phase 3) and 11 (phase 1).
Consequently, whether the Company increases pay as a result of a market based assessment and / or a performance based system is of no concern, as long as the value of these increases has due regard to the value of increases provided by national partnership agreements.
The Court makes no recommendation on pay increases for the period post 31st December, 2004.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th October, 2004______________________
JOC/MB.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Joanne O'Connor, Court Secretary.