INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
SECTION 26 (1) INDUSTRIAL RELATIONS ACT, 1990 AS AMENDED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Claim for the payment of standard Civil Service Subsistence Rates
2. Inland Fisheries Ireland is a statutory body responsible for the protection, management and conservation of inland fisheries and sea angling resource in Ireland. It was formed on the 1st of July 2010 following the amalgamation of the Central and seven Regional Fisheries Boards into a single national agency. The dispute before the Court concerns a claim for the introduction of standard Civil Service subsistence rates. The issue has been the subject of two previous Labour Court hearings, in 1999 and 2001. The matter came before the Labour Relations Commission again in October 2011. There the parties agreed to address the matter as part of the renegotiation of a comprehensive agreement staff terms and conditions of employment. Those discussions failed to resolve the dispute. More recently the issue has been the subject of further local negotiations. The dispute could not be resolved at local level and 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 13th of November 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th of December 2015..
The workers concerned are public servants but are not paid day subsistence rates in line with established public service circulars
The matter has been before the Court on two occasions in an effort to resolve this dispute. On both occasions the Court recommended further discussions between the parties with a view to bring the rates in line with standard public service agreements. The Union has entered into such talks in good faith but no agreement has emerged.
Management has now agreed to concede the union's claim but is seeking to transition to the new rates over a period of 12 months. The Union is not prepared to agree to the proposed phasing and is seeking instead to have the revised rates introduced with effect from mid 2015.
The company accepts that the subsistence rates are out of line with standard public service rates.
Management has agreed to move to standard public service rates over a reasonable period of time.
The finances of the board are limited and phasing the measure in as proposed will provide it with the opportunity to budget in an orderly way for the increased expenditure involved..
Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the Subsistence Allowances, paid to these categories of staff, be brought into line with Circular 05/2015 with effect from 1 January 2016.
Signed on behalf of the Labour Court
____21st December 2015______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.