Industrial Relations / Collective Agreements

In many employments, particularly those with larger number of employees and which are unionised, employers deal with their employees on a collective basis and conclude agreements either with a group of employees or a trade union or staff association acting on their behalf. In this way terms and conditions of employment, pay rises etc. are dealt with collectively rather than meeting and dealing with each individual employee.

Employers should keep in mind however that Irish law is still based on the individual contract and that they have an individual contract with the employee when it comes to terms, conditions, grievances and disciplinary matters. Regard must always be had to the individuality of the employees and their individual rights, entitlements, obligations and duties.

Legality of Collective Agreements and their Incorporation into Contracts of Employment

Some collective agreements can be construed as legally binding by the Courts, though there is no legislative provision in Ireland making collective agreements legally binding. If a collective agreement is construed as legally binding then in itself it constitutes a contract by which the employer and employee, and in certain circumstances the trade union, will be legally bound to each other. Even if a collective agreement is not legally binding it may be incorporated into the contract of employment. Non-members may also be subject to the agreed terms in their contract of employment with the Employer.

Preconditions to Lawful Industrial Action

In order for workers and their trade unions to engage in an effective and lawful trade dispute within the terms of the 1990 Act the following conditions must be satisfied.

• The immunities for strike action only apply to members and officials of authorised trade unions.
• If the dispute relates to an individual worker and agreed procedures in place or normally availed of in the employment concerned, or provided for in a collective agreement, for the resolution of individual grievances must be adhered to before the immunities may be relied on.
• If the strike or industrial action is to be supported, organised or participated in by a trade union, the union must hold a secret ballot as provided for in s.14 of the Act.  This does not preclude workers from taking unofficial action without a secret ballot or without the support or involvement of their trade union.  If they do however, the restrictions on an employer obtaining injunctive relief as provided for in s.19 of the Act will not apply. 
• The Industrial relations Act 1990 confers the immunities on workers and their representatives only if they are acting within what is known as the ‘GOLDEN FORMULA’.  This is the principal condition workers and their representatives must satisfy in order to benefit from the immunities and be entitled to engage in industrial action.  This formula provides that the actions of such persons must be ‘done in contemplation or furtherance of a trade dispute.’

The Right to Strike

In Ireland there is no right to strike but rather there is a freedom in certain circumstances to strike in that immunities from legal restrictions on strikes and industrial actions will be conferred provided certain conditions are met.

The right to picket

There is a right to picket provided in s.11 of the 1998 Act provided the picketers are ‘acting in contemplation or furtherance of a trade dispute’. No attempt was made to limit the number of pickets but the courts have applied a ‘reasonably permissible’ standard.

Inducing or threatening breach of contract

Protection is only afforded where there is a threat to break one’s own contract of employment. Inducing or threatening to induce a breach of commercial contract is not protected. Lawful industrial action often results in the breach of a commercial contract. The question must be addressed as to whether or not that is actionable, i.e. whether the Employer could seek an Injunction. It seems they might be held able to do so.

Employers Right to Injunctions

Section 19 provides a right to apply for an Injunction for an Employer though it has limited this right to apply a situation where the Employer has given notice of application to the trade union and he establishes that there is a fair question to be tried. The Court however cannot grant the applied for injunction so long as the trade union can show they have a ‘fair case’ and that it was acting ‘in contemplation of or in furtherance of a trade dispute.’

Industrial relations Institutions

Industrial relations Acts 1946-1990

Ireland has a well-established and effective tradition of dispute resolution based largely on the voluntary structure created and governed by the Industrial Relations Act 1946-1990 which established the existing institutions of Irish industrial relations below.

• The Labour Court Right
• Rights Commissioners 
• Joint Labour Committees 
• Joint industrial Councils 
• Registered Employment Agreements