FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GEORGIA PACIFIC IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Application Of National Pay Agreements
BACKGROUND:
2. This dispute concerns a claim by administrative and supervisory staff that their pay be determined in accordance with national pay agreements. In rejecting this claim, the Company makes the point that since 2003 these workers were actually paid more than they would have been under national pay agreements.
This 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 1st September 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd October 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union is seeking that the Company complies withterms of the national wage agreement.
2. There is no formally agreed alternative arrangement for determining pay in the Company.
3.It is not acceptable that the Company applies the terms of the national wage agreement to some workers, who are members of a different branch of the same Union, but not to administrative and supervisory staff.
COMPANY'S ARGUMENTS:
4. 1. The Company is a good employer, current salary levels reflect this and staff have not been disadvantaged by being outside thenational wage agreement.
2. Although historically the terms of national pay agreements have not been applied to administrative and supervisory staff, they have received a salary review at the start of each year.
3.The application of the terms of the national wage agreement would limit the Company's ability to reward those who add most value to the business and is not affordable by the Company.
RECOMMENDATION:
In the absence of any formally agreed alternative arrangement for pay determination the terms of the pay agreement associated with national partnership agreements should apply.
Accordingly, the Court recommends that the Union's claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
28th October, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.