Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ireland (Ratification: 1955)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2016 concerning the application of the Convention (hereinafter the Conference Committee). The Committee observes that the Conference Committee welcomed the introduction of the Industrial Relations (Amendment) Act 2015 (No. 27). While noting the Government’s indication that it had submitted a report on the application of the Convention in April 2016, the Conference Committee expressed disappointment that a report had not been provided in time for the Committee of Experts’ review. The Conference Committee further noted that this case related to issues of European Union (EU) and Irish competition law. To this end, it suggested that the Government and the social partners identify the types of contractual arrangements that would have a bearing on collective bargaining mechanisms. The Committee notes the information in the Government’s report which acknowledged the rich discussion that had taken place in the Conference Committee and the conclusions that were adopted.

The Committee takes note of the observations provided by the Irish Congress of Trade Unions (ICTU) in a communication received on 31 August 2016 concerning the matters discussed in the Conference Committee and as regards the need to ensure better protection of the rights of freedom of expression and the right to form and join trade unions. The Committee requests the Government to provide its comments on this latter point with its report due next year under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee takes note generally with interest of the information provided by the Government in relation to the new Industrial Relations Act which strengthens the statutory code on victimization to explicitly prohibit inducements to forgo trade union representation, thus addressing issues raised by the ILO Committee on Freedom of Association in the context of a complaint concerning Ireland. The Act further provides for the reinstatement of collective bargaining registered employment agreements at the enterprise level and for new sectoral employment orders. The Committee further notes with interest the information provided concerning the adoption of the Workplace Relations Act in 2015 which streamlined five workplace relations bodies into two, greatly simplifying the system and facilitating access for those seeking to vindicate their rights.

Article 4 of the Convention. Promotion of collective bargaining. Self-employed workers. In its previous comments, the Committee invited the Government to hold consultations with all the parties concerned with the aim of limiting the restrictions to collective bargaining that had been created by the Competition Authority’s decision to declare unlawful a collective agreement between Equity/SITP and the Institute of Advertising Practitioners that fixed rates of pay and conditions of employment for workers within radio, television, cinema and the visual arts, so as to ensure that self-employed workers may bargain collectively. The Committee notes the information provided by the Government explaining the historical circumstances of the exclusion of the agreement on fees that had been established between Actors Equity/SITP and the Institute of Advertising Practitioners in Ireland and the Competition Authority’s decision not to reconsider its position annulling this agreement when requested to do so after the European Court of Justice decision of 4 December 2014 (FNV Kunsten Informatie en Media v. Staat der Nederlanden). The Committee further notes, however, the Government’s recognition of the need to protect vulnerable workers and the multifaceted challenges raised with respect to the issue presented by false self-employment. Finally, the Committee notes with interest the Government’s indication that the Labour Party introduced a Private Members Bill to the Parliament proposing to amend the Competition Act 2002 to establish rights for self-employed individuals to be represented by a trade union for the purposes of collective bargaining and price-setting. The Government has acknowledged that the Bill is motivated by the need for protection of vulnerable self-employed workers such as voice-over actors and freelance journalists and accepted the Bill in principle subject to some amendments to address the policy objective in a more targeted way that would be consistent with Irish and EU competition law. The amendments are expected to be considered shortly by the Government and the Senate and the Government will provide the Committee with an update on developments. The Committee welcomes these latest developments aimed at the protection of vulnerable self-employed workers through trade union representation for the purposes of collective bargaining, including as regards prices, and requests the Government to provide information on developments in the Parliament and a copy of the amended Bill.