LCR22406

1. Application of Tool Allowance 2012-2017

BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 18 January 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15 April, 2021.

UNION ARGUMENTS:

3. 1. Both craftsmen were employed prior to the Government decision regarding payment of allowances in September 2012.

2. The Department of Defence accepted that the Confined Space Allowance would apply to both members and would not apply to craftspersons employed after 18 September 2012.
3. The Union argues that the Tool Allowance should apply retrospectively to both members for the period 2012 to 2017.

EMPLOYER ARGUMENTS:

4. 1. The Employer says that the Department correctly interpreted and applied the Government directive which resulted in the Tool Allowance being abolished for new entrants post 31 January 2012.

2. The Employer states that payment of the Tool Allowance to post 31 January 2012 new entrants was applied with effect from 1 January 2018 on foot of sanction from Department of Public Expenditure and Reform dated 5 November 2018.

3. The outcome of the review of allowances and premium payments was accepted by ICTU.

RECOMMENDATION :

The Court has given very careful consideration to the written and oral submissions of the parties.

It is clear to the Court from the submissions of the parties that arrangements in respect of payment of tool allowances are governed by circulars and are the subject of national rather than localised agreements.

It is also clear to the Court that relevant national circulars at the time made it clear that tool allowances would not be paid to workers recruited after 31st January 2012. The two claimants were recruited after 31^st January 2012.

Finally, it is clear to the Court that this matter was the subject of engagement nationally between Department of Public Expenditure and Reform and the Irish Congress of Trade Unions in 2017 when agreement was reached in relation to the restoration of tool allowances.

That agreement makes clear that tool allowances were agreed to be restored with effect from 1^st January 2018. The Court is satisfied, on the basis of the submissions and appendices given to the Court, that this 2017 national agreement has application to the claimants. The Court therefore cannot find merit in the within claim.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
5 May 2021	Chairman