IMPACT has welcomed news that draft legislation on collective bargaining was approved by the Government this week. The legislation is expected to become law by mid-2015.

General Secretary Shay Cody said “This legislation will allow trade unions to engage in collective bargaining and secure benefits for workers in companies where employers refuse to pay the going rate. It also gives statutory protection against the victimisation of workers in such companies for the first time. We look forward to reading the Heads of Bill when they’re published, which is expected shortly.”

Minister for Business and Employment, Ged Nash TD, said that the proposals, which will amend the Industrial Relations (Amendment) Act 2001, will bring Irish law in line with recent European Court of Justice rulings. He said that, in order to improve the working of the Act, legislative provision will be made to provide:

• a definition of what constitutes “collective bargaining”,
• guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer,
• clarity in the process of trade unions advancing a claim under the Act and
• policies and principles for the Labour Court to follow when assessing those workers’ terms and conditions.

Minister Nash added, “The Government is conscious that workers in some employments may feel exposed in seeking to improve terms and conditions and that making themselves known may have unwanted consequences. With this in mind the legislation will bring in significant protection against such victimisation. This will be done by way of interim relief in the Circuit Court in circumstances where a dismissal is challenged by a worker who believes that he or she was victimised as a result of the Act being invoked.”

ICTU general secretary David Begg commented, “While we must await publication of the draft legislation we are nonetheless very pleased with the progress represented by the Government decision. The absence of a proper framework for collective bargaining since the infamous Supreme Court decision in Ryanair (2007) has been a major impediment to trade unions trying to advance the pay and conditions of workers. Collective bargaining is an essential requirement of the workplace if growing inequality in society is to be arrested.”

A year has passed since Ireland left the bailout programme and 2014 has been characterised by cautious optimism and some signs of economic recovery. That recovery, however, hasn’t yet been felt by workers, and it is in this respect that we must work towards the goal of income recovery in 2015.

In terms of achieving improvements in the public sector, my hope is that there will be a consensus between the Government and unions that the pension levy would be seen as a sensible place to start.

It is entirely appropriate, as the Government commits itself to unwinding the FEMPI legislation that was used to reduce the public service pay bill, that we commence the process of dismantling the levy.

But income recovery is not just an aspiration for the public sector. It’s needed right across the economy – including the community, voluntary,  commercial and private sectors. Wage movement is just one ingredient of economic recovery, and public service pay improvement is just one element of that.

Now, more than ever, the campaign for pay recovery needs to be inclusive, and capable of expressing solidarity across the entire workforce.

It is now widely expected that the state’s spending deficit will go below the 3% target set by the Troika next year. Ireland’s deficit and borrowing costs will be lower than those of France, Britain and other EU states. These are the signposts that show we’re moving out of the crisis, and they are accompanied by signs of pay movement in sectors such as construction, retail, finance and in the multinationals.

They are modest pay movements, but they are real signs of recovery, and we welcome them. Nevertheless, CSO figures published in November revealed that average annual earnings have fallen despite economic growth and longer working hours.

It demonstrates that optimism can’t and won’t be sustained without real wage recovery. As we face into a year where that is our goal, it is vital that we retain the sense of unity and purpose as union members that has given us strength throughout the crisis.

I would like to take this opportunity to wish all of you, and your families, a peaceful and happy Christmas.

The Irish Congress of Trade Unions (ICTU) has said that the Transatlantic Trade and Investment Partnership (TTIP) poses a threat to democracy which cannot be overstated. TTIP is a proposed free trade agreement between the EU and US.

Congress General Secretary David Begg has described the proposed trade agreement as “profoundly anti-democratic” and warned it would make it almost impossible for Governments to introduce any progressive legislation in the future.

Mr Begg said the proposed deal would effectively complete the ‘subjugation of society’ to corporate needs.

ICTU hosted a special seminar on TTIP last week. Speaking at the seminar, ICTU’s Legal & Social Affairs Officer Esther Lynch said TTIP creates a right for companies to launch a suit for financial compensation if a Government introduces any rule that has a negative impact on expected profit.

“The result is that elected governments will be unable to afford to regulate. There is also widespread concern that companies will be enabled to make their claim against the state in private arbitration. The idea of secret private courts is unacceptable and in all likelihood unconstitutional.”

Ms Lynch added “There is no justification for providing companies with such excessive enhanced protection. Citizens and workers do not have the benefit of similar protections.”

Comment on discussion from the seminar can be viewed on Twitter at #ttipuniondebate.

A new Action Plan to tackle the homelessness crisis was announced by the Minister for the Environment, Community and Local Government, Alan Kelly TD last week.

The plan commits €20 million ‘plus’ to a variety of initiatives including creating 260 additional emergency beds; providing 500 people with housing; and establishing a Nite Cafe for those who do not wish to enter emergency accommodation.

Minister Kelly said,“I made a commitment that every homeless person in Dublin who needs a bed or emergency accommodation will have one before Christmas but, if they choose otherwise, the new Nite Café will be available to them. This plan delivers on that commitment. It also puts in place medium term and longer term measures in response to issues highlighted by the special forum on homelessness.”

Joe O’Connor, organiser for IMPACT’s Boards & Voluntary Agencies branch welcomed the measures. “These measures are absolutely necessary given the scale of the short-term challenge.

“The longer term challenge requires direct Government intervention in the private rental market, and we’ve communicated this to the Government. It will require the introduction of some form of emergency rent controls, possibly linked to the CPI, and the upward review of rent supplement rates.

“All indicators suggest that rental prices are likely to continue to rise.  There is an urgent need for intervention now in order to halt the growing homelessness crisis” he said.

IMPACT general secretary Shay Cody addressed a conference organised by Public Affairs Ireland (PAI) last week, and identified income recovery “across the workforce”, the unwinding of pay cuts under emergency legislation and reductions in pension deductions from current “untenable” levels, as key trade union goals for 2015.

Shay said it was not credible to have an indefinite financial emergency, as applies under current Financial Emergency Measures in the Public Interest (FEMPI) legislation. The FEMPI laws were first introduced in order to cut the public service pay bill in 2009.

IMPACT welcomed the change to the FEMPI Act announced in October, as the Government announced its intention to remove Section 2B of the most recent Act, introduced as a limited contingency measure in 2013.

The Minister for Public Expenditure and Reform, Brendan Howlin, has indicated his intention to begin the process of dismantling the legislation. He told the Dáil he would “open the books in the same open way as I did in the negotiations for Haddington Road and come to an orderly and, I hope, fair mechanism for unwinding the emergency provisions that were necessitated by the economic collapse”.

The minister has indicated his intention to hold negotiations with unions next year on the start of public service pay restoration.

In his weekly blog this week the director of the Nevin Economic Research Institute (NERI), Tom Healy, said that the issue of wages is noticeably absent from the public discourse, despite their critical importance to economic recovery and medium-term social development.

Healy observes that real wages continue to fall and are down 11.5% from 2009 to 2014. There’s an even greater fall - of over 20% -  in ‘living standards’ as measured by average disposable household income between 2008 to 2014.

The full blog is available on the NERI website: The Wages Elephant is in the Domestic Parlour

IMPACT advised union branches in November of continuing discussions with the Department of Public Expenditure and Reform (DPER) on transitional arrangements for serious illnesses prior to the introduction of the new sick leave scheme.

Unions highlighted the fact that people who, in 2011 and 2012, were entitled to be paid sick pay for up to one year, and who would now be entitled to the same under the Critical Illness Protocol (CIP) are left in a situation where, if they exceeded 6 months on sick leave in those 2 years, are now off pay the moment they take any sick leave.

We are now confident that agreement will be reached that management discretion will be available under the new scheme to deal with such cases.  Agreement on the text of a circular is expected early in the new year.

IMPACT has welcomed the approval of the IASS pension scheme settlement proposal by Aer Lingus shareholders.

Shareholders approved the settlement by a huge majority at an emergency general meeting (EGM) which took place last week. IMPACT national secretary Matt Staunton said it brings to an end five years of uncertainty for Aer Lingus workers. Matt said “The settlement provides for a decent percentage of income to be available as pensions when workers reach retirement age.”

Matt said that the focus would now switch to the Dublin Airport Authority (DAA). “This remains a live issue for workers in Dublin and Shannon airports. Recent complications have seriously delayed reaching a similar settlement” he said. In November the company unilaterally withdrew proposals relating to the ARSSS (supplemental scheme), which fundamentally changed part of a proposed package, which was to be put to members in a ballot.

Following a meeting with DAA chief executive Kevin Toland, IMPACT is expecting the additional material from the company so that members can be fully informed on the choices they face. The company intends to commence a new defined contribution (DC) pension scheme from 1^st January 2015, and has stated it does not intend to offer any additional money as part of the pension proposals.

Matt explained, “We plan to meet members and explain the choices they face, once we are in a position to do so. We also plan to ballot members as soon as we are confident that members are in possession of all appropriate and relevant material.

“We understand that DAA staff will shortly receive additional information from the company and be invited to complete a waiver in order to receive the proposed capital lump sums. We would encourage members to consider carefully the appropriateness of signing the waiver in advance of hearing further updates from IMPACT and the other unions concerned” he said.

IMPACT members working at the Limerick Hospitals Group concluded their industrial action two weeks ago. The action, which began in July, was in opposition to the payment of a €250,000 annual fee to management consultants Starline Ltd. for a chief operations manager. The union described the payments to the company as excessive and unwarranted. The industrial action ended after Starline's involvement with the hospital group concluded earlier this month.

An internal audit by the HSE has confirmed that the awarding of successive contracts to Starline was non-compliant with EU tender regulations and the HSE’s own financial regulations.

IMPACT official Andy Pike said “The HSE’s admission that its own financial regulations were breached, and that the process also breached EU rules, vindicates IMPACT’s position that the use of a management consultant was inappropriate” he said.

Andy said that IMPACT is pursuing the full disclosure of the internal audit. “It remains our view that those managing HSE staff should be paid according to public sector pay rates and should be subject to the same rules as the staff they manage. We have little doubt that, if IMPACT members had not taken a stand on this issue, the management consultant would still be in place” he said.

Photographer Conor Healy, who has a long association with IMPACT, has produced a series of excellent portrait photos for Down Syndrome Ireland’s 2015 calendar, which has just been launched. The launch coincides with the opening of DSI’s new services centre in Dublin.

The calendar features Conor’s portraits of 16 children from all around the country. The theme of the calendar is I’m Able 2 and Conor captures the children in a fun and inspiring way. Eighteen month-old Liam Caseiro will be photographed each year so that supporters can be part of his exciting journey.

Like all organisations in the disabilities sector, DSI services have been cut substantially over recent years but, with the opening of the centre in Dublin, the organisation hopes to rebuild essential services for children and parents.

Calendars are on sale at some Super-Valu stores, Calendar Club shops and can be purchased online HERE.

All IMPACT offices will close on Wednesday, 24^th December. IMPACT offices in Dublin and Galway will re-open from 10am to 4pm on Monday 29^th, Tuesday 30^th and Wednesday 31^st December. The offices will be closed on Thursday 1st and Friday 2nd January. All IMPACT offices will resume normal opening hours from the Monday 5th January.