FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONDELEZ IRELAND LTD - AND - UNITE TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Pay Claim.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 17 August 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 20 October 2017.
UNION’S ARGUMENTS:
3. 1. The Unions submit that they are jointly pursuing a general pay increase.
2. The Unions seek a 5% pay increase in basic pay over twelve months from 1 May 2016 without the precondition of further productivity measures.
EMPLOYER'S ARGUMENTS:
4. 1. The Company submit that they strive to manage its cost base, hit cost reductions targets and manage the competitiveness of the site.
2. The Company seek a pay for change deal.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes the history of pay bargaining in the company and in particular the history of pay agreements being associated with agreements on change.
The Court has been advised by the Company at its hearing that the culture of pay agreements being associated with agreements on change has been a critical feature of the survival in operation of the plant. The company has submitted that this framework cannot be abandoned.
The Trade Unions have submitted that, notwithstanding the history of collective bargaining agreements on the site incorporating both pay and change, a need exists at this time, taking particular account of the significant change agreed in 2016, to make a pay adjustment which is not connected or associated with change or productivity.
Taking all aspects of this matter into consideration the Court recommends as follows:
I.That pay should be adjusted by 1% with effect from 1stMay 2016
AndPay should be further adjusted by 1% from 1stNovember 2017.
II.In addition and independently of the above the Trade Unions should agree to- (a)Technicians being contactable by company mobile phone when on site
And
(b)One third of training hours (50 paid hours per annum currently available for site wide training) being available for local block specific training.
And
(c)Engage with a view to agreeing implementation of annual structured conversations on performance.
By 1% with effect from 1stMay 2016
- A further 1% with effect from 1stNovember 2017.
III.The company should agree to improve the quality of overalls
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
13 November 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.