INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001,
AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004
FEDERAL SECURITY SERVICES LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRL) LTD
- AND -
INDEPENDENT WORKERS UNION
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Union application under the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
2. A preliminary Labour Court hearing was held on the 22nd June, 2006.
This dispute was referred to the Court pursuant to Section 2 of the Industrial Relations (Amendment) Act 2001, as amended (the Act). In accordance with Section 3 of the Act the Court decided to hold a preliminary hearing to determine if the conditions precedent to its jurisdiction specified at Section 2(1) of the Act have been met.
Section 2(1)(a) of the Act provides as follows: -
- 2.-(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990, at the request of a trade union or excepted body, the Court may investigate a trade dispute where the Court is satisfied that –
- (a) it is not the practice of the employer to engage in collective bargaining negotiations in respect of the grade, group or category of workers who are party to the trade dispute and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve this dispute,
On the Applicants own submission it is clear that the Employer has engaged in collective bargaining negotiations with it in the past. The Employer has recently concluded an agreement with SIPTU which provides that it will recognise and negotiate with that Trade Union in respect of all employees, including those who are party to the present dispute. In these circumstances it is clear to the Court that a condition specified in Section 2(1) of the Act has not been met in this case.
Accordingly the Court has no jurisdiction to embark upon an investigation of the substantive dispute.
Signed on behalf of the Labour Court
4th July 2006______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.