INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
LEESON PRODUCTIONS LTD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
2. The Company was set up to produce a feature film 'Laws of Attraction' during 2003. It was shot on location in Dublin and on set at Ardmore Studios, Bray. The worker was taken on by the Production Manager , as a construction nurse on the set, for the duration of the film.The worker was informed that her rate of pay would be as for work done in 2002 with 4% PPF added. This was the same rate as nurses on another production were receiving.
A circular was issued by the Union in July 2002 setting out rates of pay and allowances for construction nurses. These rates were never negotiated with an employers body or accepted by them. The Union, on behalf of the worker, sought an increase based on this circular.
The issue could not be resolved at local level. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 24th of October, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 23rd of January, 2004.
3. 1. The worker was in receipt of approximately €20.01 per hour while the rate of pay for an occupational health nurse is approximately €26.00 per hour.
2. The Union has attempted to negotiate a reasonable settlement with the Company but has been met with a refusal to have any meaningful negotiations.
3. The pay for nurses working in the film industry has fallen far behind their colleagues working as occupational health nurses.
4. 1. The worker was in receipt of €20.01 per hour which was in line with other construction workers with whom she worked.
2. The new conditions circulated by the Union were never negotiated with any employers body or accepted by them.
3. All rates of pay are negotiated between the production company and the crew on an individual basis. The production company is not an employer body.
4. The employer body, Screen Producers Ireland, have expressed a willingness to enter into negotiations with the Union at a future date to reach an agreement on the appropriate rates of pay.
The claim was made by the Union for an increase in the rate of pay paid to occupational nurses working on film productions. The Court notes that the rate paid is lower than the rate, which generally prevails for occupational nurses. While the producers body, Screen Producers Ireland, declined to deal with this issue on a national basis in September, 2003, it did express a willingness to enter into discussions with the Union at a future date to secure agreement on the appropriate rates of pay.
In recognition of this position, the Court recommends that these discussions should commence without delay to establish an appropriate rate for nurses employed in this industry.
Signed on behalf of the Labour Court
9th February, 2004______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.