Fórsa general secretary Kevin Callinan is one of the union representatives on a newly-established high-level working group, which is to review Ireland’s arrangements for trade union recognition and collective bargaining.

The group, which also includes employer and Government representatives, will begin its work this month and produce an interim report in the summer. A final report is scheduled to follow soon after that.

Unions have sought stronger workers’ rights to union representation on pay and working conditions since a 2007 Supreme Court ruling said existing legal protections were unconstitutional.

Despite some legal improvements under the 2011-2016 Government, Irish workers still have weaker rights than most of their counterparts in Europe.

In short, workers here have a legal right to join a union, but employers can’t be compelled to recognise or negotiate with unions even if most of their employees want that.

And some employers continue to mount legal challenges to the legal protections that do exist. The Supreme Court is set to rule on a challenge to legal minimum wage-setting provisions after employers in the electrical contracting sector won a High Court case last year.

The new working group has been established under the Labour Employer Economic Forum (LEEF), Ireland’s highest-level forum for policy discussions between employers, unions and government.

Once something of a talking shop, the LEEF came into its own during the pandemic when unions were able to work through the forum to reach agreement on far-reaching Covid-related workplace safety protections and shape income supports.

The working group will look at trade union recognition and its implications for collective bargaining, the adequacy of the existing workplace relations framework, and legal and constitutional impediments to reform. It will also review existing statutory wage-setting mechanisms and proposals for reform.

Kevin Callinan said developments in the EU and United States demanded a rethink of Ireland’s model of attracting inward investment and recruiting talent, with a greater emphasis on collectivism and quality of life.

“Ireland has weak collective bargaining rights compared to many EU states. Workers should have the right to choose to have a union negotiate on their behalf, and international research also shows that collective bargaining can improve productivity, enhance innovation, and deliver greater stability for businesses and their staff,” he said.

Tánaiste Leo Varadkar’s move to establish the process was no doubt influenced by European Commission proposals to legislate in the area. If adopted, a proposed EU directive on low pay, which would trump existing Irish law, would require Ireland and other EU member states to take actions to increase collective bargaining coverage.

A number of EU member states, including Ireland, have sought to downgrade the legal strength of the Commissions’ initiative.

Fórsa is conducting research on legal aspects of the issue in advance of the working group’s first meeting.