INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001,
AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004
Q PARK IRELAND LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Referral from the Labour Relations Commission under the Industrial Relations (Amendment) Act, 2001, as Amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
2. The Union's case is on behalf of a number of workers who are employed as Toll Operators and Toll Operator Supervisors at the Company's site on the N4 close to Enfield, Co. Meath.
In October, 2006, 27 workers joined SIPTU. The Union wrote to the Company in regard to a number of issues. Following a meeting with the Advisory Service of the Labour Relations Commission (the LRC) the Union decided to refer the following issues to the Labour Court ;-
Increase in basic pay.
A commitment to honour National Pay Deals.
Improved Overtime rates/shift rates and Sunday allowances.
The Union's claims are as follows :
Basic pay increase ; current rates per hour
Day Operator from €9.10 to €9.92
Night Operator from €9.85 to €10.67
Day Supervisor from €10.50 to €11.45
Night Supervisor from €11.25 to €12.20
The Union used East Link, West Link and North Link as comparators. It is seeking a 3- point pay scale to be introduced from January 1st, 2007 as follows ;
Operator - €11.25 to 13.02
Supervisor - € 13.30 to €14.91
and from 1st July, 2007 as follows ;
Operator - €11.45 to €13.28
Supervisor - €13.56 to €15.21
National Pay Deal
The Union is seeking the following :
An increase of 2.5% from 1st of April, 2008,
A further increase of 2.5% from 1st of October, 2008
Agreement to end on 31st March, 2009
Overtime/Shift Rates and Sunday allowance
Overtime ;The Union is seeking ;
Time plus one half for first 4 hours after 36.5 basic.
Double Time for hours in excess of 40.5 hours
The Union is seeking an allowance of 33% for working night shift and 20% for those on double day shift. Night shift rate to apply to all hours worked between midnight to 4.00 a.m. Rates to be backdated to 1st January, 2007
The Union is seeking time plus one half for rostered work on Sunday and double time where Sunday work is undertaken on an overtime basis.
- The case was referred to the Labour Court on the 5th of March, 2007, in accordance with 2(1) of the Industrial Relations (amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004. A Labour Court hearing took place on the 13th of June, 2007.
3. 1. The rates of pay for Toll Operator and Toll Operator Supervisor were established prior to tender being submitted for the operating of the toll plaza in Enfield. The Company has not applied the industry norm to their employees and this is what the Union is seeking.
4. 1. The Company's contract provides for annual fixed-cost hourly rechargeable labour rates for the Operator and the Supervisor together with a fixed annual management fee. The rates of pay and the management fee increase annually in line with Consumer Price Index.
2. The pay and conditions of employment are based on the norms applicable in the national services and security industries. The current pay rates are amongst the highest on offer in the industry. All staff receive the equivalent of one week's pay at Christmas and are included in a monthly appraisal for payment of a performance bonus.
3. The pay rates applied by the Company are the maximum that can be sustained as provided for in the contract. Concession of the Union claim would completely erode the Company's profit margin and, indeed, would leave the Company with a significant annual loss on the contract
In this case no preliminary issues were raised and it was agreed by both parties that the conditions under Section 2 of the Act had been satisfied, and that the Court had jurisdiction to investigate the dispute. It was also agreed that the Union had a significant number of the Company's workers in membership.
The Court does not consider that the rates of pay and conditions of employment in question in this case are in accordance with rates normally paid or conditions normally applying in comparable employments.
The Court, accordingly, recommends as follows:
Start1 year 2 years 3 years 4 years 5 years
Cashier:€10.50 €10.80 €11.10 €11.40 €11.70 €12.00
Supervisor:€12.50 €12.80 €13.10 €13.40 €13.70 €14.00
Towards 2016: All rates to attract phase 2 of T 2016 from 1/9/2007
Dates of future phases: phase 3 - 1/6/2008
phase 4 - 1/12/2008 ends - 31/5/2009
Overtime:Time plus quarter after 36.5 hours
Time plus half after 39 hours
Double time after 43 hours
(All rates to apply from 1st July, 2007)
Shift:33.33% all hours between midnight and 7.00 a.m.
20% Double days, and 7.00 p.m. - midnight
(Rates to apply from 1st July, 2007)
Sundays:Time plus half (rostered)
Double time (overtime)
(Rates to apply from 1st July, 2007)
Signed on behalf of the Labour Court
13th August, 2007______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.