Need a guide to Industrial Relations and collective bargaining – Ananta Kaur explains the situation in Ireland and what issues under Industrial Relations can be referred to the Workplace Relations Commissions. Industrial Relations are governed under the Industrial Relations Acts 1946 – 2015. The following issues under Industrial Relations can be referred to the Workplace Relations Commissions for an adjudication officer to hear:
- Trade Disputes (arising between workers and employers connected to terms and conditions of employment).
Issues under trade disputes may be standard complaints about disciplinary procedures, grievance, pay and bullying and harassment procedures.
- Employees or trade unions on behalf of employees may refer a complaint to the Labour Court for investigation also if the employer objects to the WRC hearing.
For example if there is a trade dispute over pay, then if the issue involves the majority of staff, employers should consider in-house resolution methods such as offering company procedures i.e. grievance procedure for all or allowing the workers to elect a staff representative to engage in talks regarding pay. In a similar scenario, if the workers are engaged in a trade union and the trade union wishes to engage in talks with the employer, then employers may communicate directly with the union. However, union recognition is not enforceable. If employers have engaged with trade unions in the past over terms and conditions, then there may be custom and practice in place. Trade unions may wish to engage in collective bargaining agreements where an agreement is made between the employer and the union (on behalf of workers) for better working conditions. The employer is also not obliged to engage in a collective agreement. Where a complaint has been submitted to the Labour Court over issues as mentioned above and the employer refuses to engage at that stage, the Labour Court may make a decision anyway and the Union could submit the complaint to the Circuit Court.
