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ARTICLE · 15 JUNE 2016

Significant Labour Court Recommendation On Collective Bargaining

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

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The Labour Court has issued its first recommendation under new legislation to provide an improved framework for workers seeking to enhance their terms and conditions of employment...

IrelandEmployment and HR

The Labour Court has issued its first recommendation under new legislation to provide an improved framework for workers seeking to enhance their terms and conditions of employment in companies where collective bargaining is not recognised by their employer. Employers who do not have any existing collective bargaining arrangements in place need to take note of the potential financial implications of this recommendation, which can be made binding and enforceable.

Background

The Industrial Relations (Amendment) Act 2015 (the "2015 Act") introduced significant changes to the law on collective bargaining. In particular, the 2015 Act amended the Industrial Relations (Amendment) Acts 2001-2004 ("the Acts"). The Acts provided a system whereby employers who did not engage in collective bargaining negotiations could be brought before the Labour Court by trade unions. The Labour Court had significant powers to set wage rates and other terms and conditions of employment, and

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