Non-union employers could potentially face penalties for failing to negotiate with trade unions following the publication of the final report of the high-level working group on collective bargaining last week.

The Group was established last year by the Labour Employer Economic Forum (LEEF) in advance of a new EU directive that requires each member state to take action to expand the percentage of workers covered by collective bargaining on wage setting.

Collective bargaining coverage in Ireland is currently around 34%, the new directive requires that countries achieve up to 80% coverage.

Speaking at the Industrial Relations News (IRN) conference last week, ICTU general secretary Patricia King, the trade union representative on the high-level group, said the recommendations in the report will, through increased collective bargaining coverage, “provide new opportunities to achieve decent working and living standards for hundreds of thousands of workers, and deliver improved outcomes for workers and employers, as well as for society and the economy as a whole.”

Patricia said the Executive Council of the ICTU has endorsed the recommendations and believes them to be crucial to aligning Irish industrial relations procedures with other EU countries. The group’s recommendations will form the basis for the transposition of the directive to comply with EU law, including:

• That existing legislation relating to Joint Labour Committees (JLCs) be strengthened to enable an Employment Regulation Order to be implemented on foot of employers being afforded all reasonable opportunity to engage
• That technical assessors be appointed by the Labour Court to advise the Court in pay comparison claims with the purpose of improving on current mechanisms
• That legislation requires an employer to engage with a trade union who seeks good faith engagement where they represent at least 10% of workers in a grade group or category within the employment. Where an employer refuses such an engagement and ignores the Labour Court decisions on the matter, the trade union can seek a Circuit Court order for implementation against the employer.

ICTU president and Fórsa general secretary Kevin Callinan said the report’s recommendations illustrated the potential for radically improved collective bargaining conditions in Ireland: “These recommendations have the potential to strengthen the collective bargaining environment that we operate in. Unions must continue to take on the challenge of building membership density so that, in this new era of collective bargaining, they can be a strong and agile force for improved worker outcomes.

“I think the process of developing the report has illustrated what can be achieved when government, employers and unions work collaboratively toward more positive outcomes. In that context, the report’s recommendations have the potential to radically improve Ireland’s industrial relations landscape,” he said.

The Group comprised representatives from ICTU, IBEC and Professor Bill Roche, UCD. It was chaired by Professor Michael Doherty of Maynooth University.

You can download a full copy of the report HERE.

Fórsa has criticised the Department of Public Expenditure and Reform (DPER) on their refusal to engage with the union on the issue of unfair overtime divisor, following a recommendation from the independent body assessing the Haddington Road Hours that both sides engage to resolve the issue.

The recommendation came following recognition that while the standard working day has reverted, the overtime divisor has not.

Fórsa official Seán Carabini explained that the union formally raised the issue at the Civil Service General Council earlier this week, but the matter was declared a ‘cost increasing claim’ by DPER who refused to discuss it, stating instead that it would have to be raised in the context of future pay discussions.

“This is a nonsensical position. The report of the independent hours review body recommended that direct talks should take place to resolve this. The department’s own minister accepted the report. And yet, when we try to raise it, the department officials refuse to engage with the issue,” he said.

Seán said that overtime, while rare, can be an important source of additional income, especially for our lower paid members.

“Doing nothing is not an option here. We must push back against a situation that sees a reversion in working hours but no reversion in overtime rates. And we have to draw attention to the fact that the Department of Public Expenditure, by adopting this line, is effectively ignoring the recommendations of a report that has been accepted by its own minister,” he said.

Fórsa is seeking to progress the issue further and is discussing next steps with other civil service unions.

Fórsa will soon launch a new book documenting the history of the Civil, Public and Services Union (CPSU).

Published by the Institute of Public Administration with Fórsa, ‘Fighting for the Clerical Grades’ A History of the Civil, Public and Services Union 1922-2017 charts the progress of the organisation representing civil service clerical grades, from its roots in the late nineteenth century, to its merger with IMPACT and the PSEU in the formation of Fórsa in 2018.

Researched and written by historian Martin Maguire it is an outstanding contribution to history of our public service unions and to Irish labour history generally and will prove essential reading for Union activists.

Fórsa has criticised the decision to abolish the role of head of civil service human resources in the Department of Public Expenditure and Reform (DPER), as part of a departmental restructure.

The former assistant secretary role was dedicated to the development of human resource (HR) policy across the civil service and had been introduced as part of a reform agenda ostensibly designed, amongst other things, to elevate the civil service to an “employer of choice”.

Fórsa official Seán Carabini expressed his disappointment at the decision, and said the move was a retrograde step.

“At a time when we’re introducing HR policies to make it easier for people to navigate the boundaries between home and work life, it’s surely more important than ever to have a dedicated HR unit in DPER – the department that makes HR policy for the entire civil service,” he said.

Seán explained that while the task of drafting and introducing HR policies will still be carried out by DPER, the absence of a decision maker at assistant secretary level to drive polices forward will be seen by some as an impediment.

“Whether you like it or not, stripes matter. Sometimes you need the right person with the right authority to drive something through. Whether they know it or not, they’ve just made it a little harder to get good HR policies introduced,” he said.

Seán said abolishing the role has sent the wrong message to our members.

“The pandemic allowed members to realise the value of a work life balance, and we were hopeful that Government would have proactively embraced the work practice changes that are now possible. The role of Fórsa in continuing to push the government and DPER for improved terms and conditions is now more important than ever,” he said.

Fórsa has strongly condemned IBEC’s objection to the introduction of paid leave for workers who are victims of domestic violence, citing it as “distrustful and deeply insulting”.

Last month, the Government rubber-stamped the publication of the Work Life Balance Bill in a move welcomed by Fórsa. Once enacted, those who are suffering or at risk of domestic violence will be entitled to five days of paid leave each year. The Government has also pledged to help employers provide better support for employees experiencing domestic violence.

In a submission to Government IBEC argued that employers should be allowed to ask for “proof” to stop any “potential abuse” of paid leave to those suffering with domestic abuse.

It also claimed that Government was trying to introduce too much paid leave at once, citing extending parental leave and the introduction of statutory sick pay, which would put a strain on SMEs.

The head of Fórsa’s Health and Welfare division Ashley Connolly, who has led the union’s campaign on this issue, strongly criticised this position.

“IBEC has completely missed the point. This legislation should not impose barriers for those navigating a pathway out of domestic abuse. Survivors of abuse should feel supported in their workplace, which is often a place of safety for them. We must support them and there should be no requirements for proof which would discourage take-up of the entitlement,” she said.

Ashley said this long-awaited leave is a vital support for survivors to assist them in making essential changes such as moving out of a violent situation, seeking legal support, and organising care for dependents.

“Our message is loud and clear, Fórsa stands with those suffering at the hands of domestic violence. We trust these survivors. We believe the workplace should be a safe space, a place where the stigma and the shame can be left at the door. Financial independence from abusers is the key to escaping and building a better life and workers should not need to prove abuse to an employer,” she said.

Public service pay scales are currently being amended to reflect an increase of 1% of gross pay, or €500 a year, whichever is the greater, effective from 1st October.

The pay adjustment was due under the existing terms of the Building Momentum agreement, negotiated by Fórsa and other unions last year and overwhelmingly accepted in a ballot of Fórsa members in early 2021.

Last week Fórsa announced that members had backed the review of Building Momentum, with just over 91% of members voting in favour.

Their overwhelming endorsement meant that Fórsa supported ratification of the revised public service pay measures by the ICTU Public Services Committee (PSC), which represents all affiliated unions with members in the civil and public service. The deal was unanimously supported by the PSC unions.

The pay deal will see pay increases of 3% backdated to 2nd February 2022. It’s expected that the pay adjustment will take effect over the November/December period.

A further 2% will fall due from 1st March 2023, and 1.5% or €750 (whichever is the greater) from 1st October 2023.

The minimum payment of €750 a year from next October means the package would be worth 8% to a worker earning €25,000 a year and 7% to a person on €37,500 a year.

PSC chair and ICTU president Kevin Callinan said the strong showing in favour of the pay deal reflects a recognition by workers that the pay measures will be a helpful support to people at a critical time.

The revised measures emerged from a review process necessitated by the surge in inflation, and the ongoing cost of living crisis, and followed negotiations between public service unions and the Government at the Workplace Relations Commission (WRC).

Kevin added: “Unions do expect to be back in negotiations next year to secure pay terms beyond the lifetime of the current agreement, which will expire at the end of 2023, and unions will of course continue to closely monitor living costs and income pressures.”

Public service pay scales published on the Fórsa website will be updated in the coming weeks.

Fórsa would like to extend its deepest condolences to the families and friends who have lost loved ones in the Creeslough accident.

The union would also like to extend its thoughts to those currently receiving medical treatment and wishes them a speedy recovery.

In a message to union members Fórsa general secretary Kevin Callinan said “We mourn for those who have lost their lives and offer our deepest condolences and solidarity to those who have lost loved ones or been injured.

“Fórsa and its members across the country stand behind the victims of this terrible tragedy. We across the island are all deeply affected by the tragic event in Creeslough, but the unimaginable grief of the families of the bereaved as well as the entire community simply cannot be put into words.

“What has also struck me deeply is how the local community has banded together at this time of crisis and their resilient response is testament to the strength of this incredibly close-knit town.

“Our members across the country hold the brave community of Creeslough in our thoughts, along with the emergency, rescue and medical workers engaged in the response," said Kevin.

Our deepest sympathies also go out specifically to the Donegal branches.

Fórsa acknowledges and extends its sincere thanks to all the outstanding emergency officers and responders that helped in the rescue efforts.

Our thoughts are with the bereaved, their families, friends and with the community of Creeslough in this tragic time.

Ar dheis Dé go raibh a n-anamacha

Fórsa’s Global Solidarity Autumn School will take place on Friday 18th and Saturday 19th November in Nerney’s Court, Dublin.

The school will provide a unique opportunity for interested members to discuss a range of international, trade union and human rights issues.

Delegates will ahear about projects that Fórsa actively fund across the world, and it will also be an opportunity to hear about the union’s global solidarity work.

More information on the event can be found HERE and members can register their interest to attend HERE.

Fórsa are to host the Heads of Unit (HOU) from the European Labour Authority (ELA) today, as part of their visit Ireland. The HOU’s are set to meet with ICTU and its affiliates.

The HOU’s work directly to the executive director of the ELA, Cosmin Boliangiu.

The ELA was established to help strengthen fairness and trust in the internal market by assisting member States and the European Commission to ensure that EU rules on labour mobility and social security coordination are fairly and effectively enforced, and by making it easier for citizens and businesses to obtain the benefits of the internal market.

General secretary of Fórsa and president of ICTU Kevin Callinan will chair the meeting, which will involve a presentation from the ELA, followed by a discussion, with the opportunity to present to them.

The delegation will include head of the co-operation support unit Malcom Scicluna,  national liaison officer for Ireland Daniel Losty, and Irene Mandl, head of information and the European network of employment services unit.

Fórsa has broadly welcomed the news that Government has approved a bill to introduce a long-awaited auto-enrolment pension scheme.

Earlier this week social protection minister, Heather Humphreys announced details of “Final Design Principles for the Automatic Enrolment Retirement Savings System in Ireland”. The bill will now go before the Oireachtas Committee on Social Protection for Pre-Legislative scrutiny ahead of its expected introduction in early 2024.

Once enacted, workers will be automatically enrolled in a pension plan which will be co-funded by their employer, but can opt out if they choose. The new system is designed to simplify the pensions decision for workers and make it easier for employers to offer a workplace pension.

It is expected that around 750,000 people will be automatically enrolled into the system, and those enrolled will have their pension savings matched by the government and by their employer on a one-for-one basis. The State will also provide a top-up of €1 for every €3 saved by the worker.

ICTU social policy officer, Laura Bambrick, has welcomed the implementation but highlighted some concerns in the design.

“While ICTU has concerns over some of the details of the draft design of the new pension saving scheme, unions have long called for concrete action by Government to address the alarming low levels of pension coverage in the private sector and to have a legal obligation put on employers to contribute to their workers’ income in retirement, as is the case in all other OECD countries.

“To be clear, auto-enrolment is not a replacement for the State pension, it is intended to supplement your income from the State pension, as is the case with all other occupational pension schemes. This is especially important in Ireland where the State pension is not earnings related and so workers solely reliant on a State pension will experience a big drop in their income, and in turn their living standards, in old age,” she said.

Fórsa, which represents thousands of workers in the community and voluntary sector, welcomed comments made by the health minister Stephen Donnelly on Wednesday (12th October), when he indicated his belief in the potential for a WRC process to address the substantial pay deficit issues in the sector.

He made the comments during a debate, on a Labour party motion, seeking a collective bargaining process to address pay inequality in funded agencies providing health and social care services. Fórsa members in the community and voluntary sector took part in strike action in September as part of the ICTU-led Valuing care, Valuing Community campaign.

Fórsa national secretary Ashley Connolly said: "The debate was timely and Fórsa welcomed the contributions from right across the political spectrum. Every TD who spoke in the Dáil on Wednesday clearly articulated the arguments unions have been making on this issue, and we welcome that political support.

"While we welcome what the minister has said, we do so with caution, as there was no solid commitment to resolve these problems. It will take more than words of acknowledgement in the Dáil. If it opens the door to a proper process of negotiation, we’ll work with our colleague unions and the Government to achieve a result.

"While Fórsa remains determined to pursue a negotiated process to achieve pay equalisation measures, our members retain an absolute determination to exercise industrial action, if it becomes necessary,” she said.

Responsibilities

Responding to the Dáil motion, the health minister said he recognised the substantial challenge of recruiting and retaining experienced staff in the sector.

He said that while the Government was not the employer in these agencies, he acknowledged the role and responsibilities of the Government as the main funder - or often sole funder - to agencies on the sector.

Ashley said the minister's comments could open the door to a negotiation process: “The debate illustrated the problems very clearly, including the loss of staff to the HSE, to other funded (Section 38) agencies, and even to the NHS in the UK.

“Talent, skill and experience is being poached from a vital, underfunded sector, and this week that problem was acknowledged in the Dáil. The minister, in his response, explicitly acknowledged the ongoing problems of recruitment and retention in the sector, so our arguments appear to have broken through at Government level.

“Additionally, the Minister of State, Anne Rabbitte, said she wanted to achieve ‘fairness, equality, respect and value’ for the sector. On that we are very much in agreement. The debate also helped to drive home the point that the employers in the sector share the unions' concern on these issues.

"There is now work to do to move this issue on, ideally into a meaningful negotiation process that will deliver for our members in this vital sector, and which stems the flow of experienced staff out of agencies like Enable Ireland, Ability West, Western Care and St Joseph's Foundation. Agencies where our members recently took industrial action to highlight these problems,” she said.

Ashley and Fórsa officials will meet with other unions this morning (Friday) to discuss the next steps in the Valuing Care, Valuing Community campaign.

Watch: Fórsa members and officials attending the Dáil debate on Wednesday give their reaction, watch HERE or in the panel below.