• Appendix:
  Draft Agreement on Pay and Conditions of Employment between the Irish Congress of Trade Unions and Employer Organisations
  
  
  • Introduction
  • 1. Date of Implementation and Duration
  • 2. Pay
  • 3. Economic and Commercial Circumstances
  • 4. Pensions and Sick Pay Schemes
  • 5. Industrial Peace
  • 6. Stabilisation
  • 7. Partnership
  • 8. Review

Appendix:
Draft Agreement on Pay and Conditions of Employment between the Irish Congress of Trade Unions and Employer Organisations

Introduction

This Agreement is part of a composite agreement on pay and tax. The tax elements are set out in Chapter 3. The parties to this Agreement are therefore committed to:

• increasing employment;
• improving living standards through pay increases and significant tax reform;
• full and ongoing co-operation with change and the need for continued adaptation and flexibility to maintain and improve competitiveness;
• the development of social partnership and equal opportunities at workplace level; and
• the delivery of the modernisation programme in the Public Service.

1. Date of Implementation and Duration

Except where otherwise agreed at local level, this Agreement shall come into force on the expiry of the Pay Agreement under the PCW in each individual employment or industry and shall last for three years and three months.

2. Pay

1. It is agreed by the parties to this Agreement that pay increases shall be calculated on the basis of:
   • 2.5% of basic pay for the first 12 months of the Agreement as it applies in each particular employment or industry;
   • 2.25% of basic pay for the second 12 months of the Agreement as it applies in each particular employment or industry;
   • 1.5% of basic pay for the next 9 months of the Agreement as it applies in each particular employment or industry; and
   • 1.0% of basic pay for the next 6 months of the Agreement as it applies in each particular employment or industry.

2. Where the application of this formula would result in increases in basic pay for full-time adult employees of less than:
   • £3.50 per week in the second phase;
   • £2.40 per week in the third phase; and
   • £1.60 per week in the fourth phase,
   the appropriate percentage increase for these particular phases will be adjusted to these levels by local negotiation and failing agreement shall be dealt with in accordance with Cause 5. These minima will apply on a pro-rata basis to part-time employees unless existing agreements apply more favourable terms.

3. Local Level Negotiations

   In addition to the increases provided for in (i) and (ii) of this Clause, employers and unions may, not earlier than the second year of the Agreement, negotiate at firm or industry level as appropriate (including JLCs), for adjustments in pay and/or conditions of employment the cost of which shall not exceed 2% of the basic pay cost of the particular grade, group or category of employee. The local bargaining element shall not apply earlier than six months following the commencement of the second phase of the Agreement.

   Local level negotiations, including negotiations at JLCs, shall be governed by the provisions of Clause 3, and shall have full regard for the costs involved and for the ability of the firm or industry to meet these costs. Agreements may, therefore, include appropriate cost off-setting measures and phasing arrangements, where necessary.

   In the event of a dispute arising in respect of this element, including its applicability to any firm or industry, the matter shall be processed at the Labour Relations Commission, the Labour Court or other agreed machinery.

4. The arrangements for increases in basic pay and for local level negotiations in the Public Service are set out in the Annex.

3. Economic and Commercial Circumstances

The increases in Clause 2 shall be negotiated through normal industrial relations machinery, due regard being had to the economic and commercial circumstances of the particular firm, employment or industry.

4. Pensions and Sick Pay Schemes [ * Insofar as the Public Service is concerned, no claims shall be submitted or processed further pending the Report of the Commission on Public Service Pensions.]

Unions are not precluded by Clause 6 from making claims for the introduction of pension or sick pay schemes where none exist or from making claims for the improvement of such schemes where these are substantially out of line with appropriate standards in comparable employments.

Having regard to the cost and other implications of pension and sick pay schemes, negotiations on these matters shall be governed by the capacity of the enterprise to absorb the cost involved and, additionally, in the case of sick pay schemes, the possible implications for attendance.

Agreements under this Clause may therefore include appropriate phasing and other arrangements (which may exceed the timescale of this Agreement) to take account of these considerations.

5. Industrial Peace

This Agreement commits employers, trade unions and employees to promoting industrial harmony.

Where the parties cannot reach agreement through negotiation on any matter covered by the Agreement, they shall jointly refer the matter to the Labour Relations Commission/Labour Court or, where appropriate, to other agreed machinery.

This Agreement precludes strikes or other forms of industrial action by trade unions, employees or employers in respect of any matter covered by this Agreement, where the employer or trade union concerned is acting in accordance with the provisions of this Agreement.

6. Stabilisation

It is agreed that no cost-increasing claims by trade unions or employees for improvements in pay or conditions of employment other than those provided for in Clauses 2 and 4 will be made or processed during the currency of the Agreement.

7. Partnership

The parties to this Agreement subscribe in general to the conclusions of NESC Report, Strategy into 21st Century, in relation to the partnership process as described in Part IV of that report.

The parties have set out in Chapter 9 principles and definitions to develop this process, including best practice, proposed monitoring arrangements, and recommendations which should form the basis for discussions initiated at enterprise level between management, employees/trade unions.

8. Review

1. It is agreed that if any of the parties to this Agreement so request a review of its operation may take place in the final year in the light of economic and fiscal developments over the period of the Agreement. This does not imply any commitment to alter the period of the Agreement or its terms.
2. In the event of unforeseen changes in economic circumstances arising from EMU the arrangements for monitoring the new Partnership will be utilised to provide a mechanism for reviewing this Agreement should this be necessary.