LCR22773

1.Outstanding Pay Increase

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred by the parties to the Labour Court on 15 March 2023 in accordance with
Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16 June 2023.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The Court has noted the history of engagement between the parties on the matters underpinning this dispute and strongly encourages both parties to ensure that the bargaining arrangements employed in the future are structured in a manner conducive to orderly bargaining and good industrial relations.

The Court has noted the position which emerged following some form of joint engagement at local level in January 2023 where a pay increase of 9% with effect from 1^stJanuary 2023 and 4% with effect from 1^stJanuary 2024 together with a lump sum of €1,000 in lieu of retrospection was jointly proposed. That position was afterwards rejected by the Directors of the employer and never put to a ballot of the members of the trade union.

The Court has also noted an offer from the Company dated 9^thMarch 2023 which was submitted to the Court by the trade union and not the employer. That offer provided for cumulative pay increases of 11% provided certain conditions were met. The Court also notes that the company now seeks a recommendation from the Court with lesser terms than were contained in that offer.

Taking account of the history of this matter and the history of engagement, the Court Recommends as follows:

• •That the parties agree that the NAV system will be fully utilised into the future and the members will participate in any training offered by the company in that respect.

  •That the members agree to the implementation of normal ongoing change during the lifetime of this pay agreement. Normal ongoing change includes the implementation and operation of relevant technologies and co-operation with regulatory and statutory obligations. The parties jointly agree that any dispute as regards whether any matter constitutes normal ongoing change will be dealt with efficiently using normal procedures up to and including a referral to the Labour Court following conciliation at the WRC if necessary.

  •That, noting the January 2023 engagement and the proposal emerging therefrom; the March 2023 offer of the Company; and the fact that the previous pay agreement expired on 30^thApril 2021; a pay adjustment of 8% will be implemented with effect from 1^stJanuary 2023 and a further adjustment of 4% will be made with effect from 1^stJanuary 2024.

  •That a lump sum payment of €750 in lieu of retrospection will be made on acceptance of this Recommendation.

  •That the parties should engage, through normal procedures if necessary, on the employer’s proposal for the introduction of a performance bonus.

  •This pay agreement to expire on 31^stDecember 2024 and no cost increasing claims will be made by the trade union during its lifetime.

	Signed on behalf of the Labour Court
	Kevin Foley
GOG	______________________
27 June 2023	Chairman