FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SCREEN PRODUCERS IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION BUILDING AND ALLIED TRADES UNION IRISH NATIONAL PAINTERS AND DECORATORS TRADE GROUP OPERATIVE PLASTERERS AND ALLIED TRADES SOCIETY OF IRELAND DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Applicable dates for pay agreements under industry agreement
BACKGROUND:
2. Screen Producers Ireland represent the Employers in the film industry, while the Workers are represented by a group of Unions including SIPTU, BATU, INP&DTG and OPATSI. Confusion surrounds the application dates for the implementation of the various national wage agreements due mainly to the industry practice of paying all of the pending wage increases for the coming year on 1st January of each year.
The Unions contend that their members are currently at a loss of a 6-month wage increase while the Employers believe that all national wage increases are paid and up to date.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd January 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th July 2007.
UNIONS' ARGUMENTS:
3. 1. "Towards 2016" was ratified in September 2006 and came into effect on 1st July of that year and therefore the first increase of 3% should be backdated to January 2006 as is the industry practice.
2. The 2nd increase of 2% should have come into effect from 1st January 2007.
COMPANY'S ARGUMENTS:
4. 1. "Sustaining Progress" terminated in December 2006 therefore "Towards 2016" begins in January 2007 and should only be paid from that date.
2. A 5% increase is already added from 1st January 2007 which covers the period to March 2008.
RECOMMENDATION:
The Court notes that the parties have traditionally adapted national agreements to meet the circumstances of the industry. It is further noted that the parties wish to continue with these arrangements. Difficulties have, however, arisen in relation to the commencement date of Towards 2016. In order to bring this matter to finality and to introduce certainty into the future the Court recommends that the following arrangements be put in place:-
Towards 2016 should commence on 1st January 2007. The combined first two phases should apply from that date. The combined third and fourth phases should apply from 1st April 2008. The Agreement should expire on 31st December 2008.
Signed on behalf of the Labour Court
Kevin Duffy
27th July 2007______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.