FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES: CHC HELICOPTERS IRELAND DAC - AND - 41 WINCH CREW (REPRESENTED BY FORSA) DIVISION:
SUBJECT: 1.Pay /Training /Added Duties /Rosters / Service Scale Increment/ Winch-Operator Allowance. RECOMMENDATION: Following the expiry of the last pay agreement on the 31st December 2021, Forsa sought engagement with the Employer on a number of issues including pay, pension contributions, training, rosters service scales, increments and a winch operator allowance. No progress was made locally, and the issue was referred into the Conciliation Services of the Workplace Relations Commission (WRC). At conciliation both parties exchanged positions and progress was made in a number of areas. Both parties in their submissions to the Court set out that the final position put forward at conciliation was as follows. Pay 1st January 2022 basic pay increase of 2.5% 1st January 2023 basic pay increase of 2% 1st January 2024 basic pay increase of 2% 1st January 2025 basic pay increase of 2% 1st January 2026 basic pay increase of 2% Pension 1st January 2022 pension increase of 1% 1st January 2023 pension increase of 1% 1st January 2024 pension increase of 1% 1st January 2025 pension increase of 1% 1st January 2026 pension increase of 1% Total contribution to pension will be 11% on 1st January 2026. Allowances will not be included in the calculations of pensions from 1stJanuary 2023. A Dual Rated Allowance of €6,000 to be paid from 1stJanuary 2023 which would increase in line with any increase to basic pay. Training, CHC Helicopters commits to offering every winchman who has completed three years’ service, the opportunity to be upgraded through the provision of the appropriate training course. Further engagement on the following matters. i) On-Going leave matters including the return of leave policy and RCP roster. ii) Fixed Rosters and the issue of Saturday/ Sunday allowances and public holidays iii) The CCS Ratio iv) The adequacy of the pension scheme v) Private Health Insurance. Two items remained in dispute between the parties that could not be resolved a) the date of implementation of the dual allowance which the Union wanted backdated to 1stJanuary 2022 and b) that 1stJanuary 2023 allowances would no longer be included in the calculation of pensions. The Union submitted that they believed that they had agreed at conciliation to drop some other claims and that the trade-off would be the backdating of the dual allowance to January 2022. In respect of the pension the Unions position was that the current Employer’s contribution to the pension was out of sync within the Aviation sector, and they were seeking the proposed increase along with the inclusion of all allowances for the calculation of pensions. The Employer submitted that they had clearly indicated at conciliation that the pension increases were contingent on allowances no longer being pensionable. The Dual allowance was tabled on the basis of the proposals being accepted by both sides. It was their submission that the Dual allowance was now withdrawn and no longer on the table. The Employer informed the Court that they had only recently post conciliation been informed that they were unsuccessful in their tender bid to provide the service going forward and that there would be a new service provider from some time in 2024. Recommendation The Court having read the submissions and listened carefully to the oral submissions on the day notes that the parties had made significant progress during their engagement in conciliation. The Court recommends that the parties accept the final position reached at conciliation including the implementation date of 1stJanuary 2023 for the Dual allowance which the Court understands will benefit a significant number of staff. The Court notes that the proposal to increase the pension on basic pay by 1% for five years bringing the employer contribution to 11% by 1stJanuary 2026, is of higher value to Workers than pensionable allowances and recommends that this element of the proposal is also accepted. On acceptance by the Union of the proposal the Employer should implement the monetary elements of the agreement at the earliest possible opportunity. The parties should re-engage in respect of the five issues identified above as requiring further engagement, taking account of the changing situation going forward. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary. |
