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LCR22241

FULL RECOMMENDATION

CD/20/66
RECOMMENDATION NO. LCR22241

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
APPLE OPERATIONS EUROPE
(REPRESENTED BY APPLE EMPLOYEE RELATIONS)

- AND -

A WORKER


DIVISION :

Chairman: Mr Haugh
Employer Member: Mr Marie
Worker Member: Mr Hall

SUBJECT:

1. Referral of a dispute to the Labour Court pursuant to section 20(1) of the Industrial Relations Act 1969



BACKGROUND:

2. The Employee referred a dispute to the Labour Court on 15 February 2020 pursuant to section 20(1) of the Industrial Relations Act 1969. A Virtual Labour Court hearing took place on 3 June 2020. The following is the Court's Determination:


RECOMMENDATION :

Background to the Dispute

The Worker has been employed as a General Operative by Apple Operations Europe (‘the Company’) since 13 February 2009, initially on a series of fixed-term contracts. On 11 December 2015 the Worker was offered a ‘Long Term Flexible’ contract (‘LTF contract’). This is, for all intents and purposes, a contract of indefinite duration.

Clause 13 of the Worker’s contract of employment dated 11 December 2015 provides as follows:

  • “The collective agreement between the Company and SIPTU (the “Company/SIPTU Agreement”), as amended from time to time, directly affects your employment. A copy of the Company/SIPTU Agreement is available from your Supervisor.”

The Worker’s complaint, the subject of this dispute, relates to the level of pay increases afforded to those employed by the Company under LTF contracts vis-�-vis non LTF General Operative colleagues between 2015 and 2017. He submits that as a result of the differential LTF General Operatives are paid less per week than their non LTF colleagues. The Worker is seeking payment of €10.00 per week to LTF General Operatives retrospective to 2015 and ‘Equal Status’ for LTF colleagues with over four years’ continuous service.

The Company submits that the rate of pay applicable to LTF General Operatives was agreed with SIPTU and the introduction the LTF contract in 2015 was balloted on by SIPTU members at the Company and passed by a substantial majority of about 70%. The Company further submits that the Worker is in a substantially better position both financially and in terms of job security since he ceased being a fixed-term employee on transferring to the LTF Contract.

Recommendation

The Court notes that although there is a differential in pay between LTF General Operatives and non-LTF General Operatives employed by the Company, this differential arises from a collective agreement entered into between the Company and SIPTU, which agreement was endorsed by a ballot of the Union’s membership.

The Court finds that the dispute referred by the Worker is essentially an attempt on the part of a single worker to have a subsisting and valid Collective Agreement set aside. The dispute is, therefore, not well-founded and the Court rejects the Worker’s claim.

The Court so recommends.

Signed on behalf of the Labour Court
Alan Haugh
DC ______________________
10 August 2020 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.