LCR22761

1.Breach Of Company Union Agreements

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 20 December 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23 March 2023.

RECOMMENDATION:

The issue in dispute between the parties relates to the terms and conditions of those recruited to the APFS since the 2019 Agreement was accepted, specifically in relation to the annual leave accrual after years of service and sick pay. Management indicated that they are relying on the 2010 agreement in terms of their interpretation and the Union indicated that they believe the appropriate agreement is the 2003 registered agreement.

The Court adjourned the hearing to allow the parties consider if they wish to seek an interpretation of the registered agreement in accordance with section 12 (1) IR (amendment Act) 2015.

By letter of the 22^ndMay 2023 the Court was advised that the parties were making a joint section 12(1) application to the Court.

On that basis the Court recommends that the parties await the outcome of that process.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
24 May 2023	Deputy Chairman