The text below is from the final agreement circulated by Ictu executives to unions ahead of formal publication, due today
Pay Terms
1.11 It is agreed by the parties that the following basic pay terms shall apply in the private sector:
A pay pause of three months from the expiry of the last phase of the first module under Towards 2016.
An increase of 3.5 per cent for the next six months of the agreement as it applies in each particular employment or industry; and
An increase of 2.5 per cent for the next 12 months of the agreement - except for those employees on an hourly basic rate of €11 per hour or less on commencement of the second phase where a 3 per cent increase will apply.
Transfer of Undertakings Directive
Optional Pensions Provisions
6.8 The Government will introduce legislation to transpose into Irish law the optional pensions provisions of the Transfer of Undertakings Directive by the end of 2008 on the same basis as the terms and conditions of employment as at the date of the transfer and thereafter any change shall not be prohibited for economic, technical and operational reasons.
This will also provide for the opportunity for employees and employers to agree alternative arrangements.
Employment Law Compliance Bill
7.6 The Employment Law Compliance Bill, 2008, was published in March 2008.
7.7 The Government is committed to enacting the Bill before the end of 2008 following further detailed consultations with the social partners.
Section 8: Regulating Employment Agencies and Temporary Agency Workers
8.1 Work on the drafting of the Employment Agency Regulation Bill, promised under Towards 2016, is at an advanced stage. The Government will publish the Bill before the end of 2008.
8.2 Arising from the draft agreement by the EU Council of Ministers for a directive on temporary agency work in June 2008, the draft directive must now be considered by the European Parliament as part of the co-decision process.
8.3 The social partners are committed, arising from Article 5(4) of the draft directive . . . to developing a national level framework within the parameters established by the directive. This framework will encompass terms and conditions for temporary agency workers appropriate to the Irish economy which strike the appropriate balance between the need to maintain temporary agency work as an instrument of business competitiveness and labour market flexibility and fairness in the protection to be afforded to temporary agency workers under the directive, including under Article 4.
8.6 In the context of legislating in respect of the framework above, the Government has also agreed to prohibit, save in relation to essential services as set out in the Code of Practice on Dispute Resolution in Essential Services (S.I No. 1 of 1992), the use of agency workers, as defined under Article 3(1) of the above draft directive, supplied by an agency, as defined in the above Agency Regulation Bill, by an employer for the direct replacement of employees in cases of an official strike or lock-out, where the employees are not acting in breach of a Labour Court recommendation.
Until the framework is agreed and the requisite legislation can be enacted, this prohibition will be provided on an interim basis for a period not exceeding the time allowed for transposition under the terms of the finalised directive in legislation which will be brought forward with a view to enactment by end 2008.
Section 9: Employee Representation;Anti-Victimisation
9.4 In a system of voluntary collective bargaining there is no obligation on the other party to engage in bargaining. However . . . the Government will bring forward legislative proposals to prohibit victimisation, including dismissal and incentivisation, and to provide effective protection and means of redress to employees when engaged in the proper and legitimate exercise of their rights to trade union membership or activity on behalf of a trade union or non-membership or a manager discharging his or her managerial functions . . .
The Government will bring forward the draft legislation with a view to its enactment by March 2009. The effectiveness of this legislation will be reviewed not later than three years after its enactment.
Amendment of the Competition Act, 2002
9.5 The Government, on foot of the recent public consultation as part of its review of the operation and implementation of the Competition Act 2002, has examined the interaction between the legislation and provisions of the Industrial Relations Acts as regards the issue of collective bargaining for certain vulnerable workers.
Section 14: Economic Migration Policy
14.2 Under the Employment Permits Act, 2006, provision is made for, inter alia, a Green Card permit scheme for occupations where there are strategic skills shortages; a revised work permit scheme; a new intra-company transfer scheme; a spousal/dependant work permit scheme; and a non-EEA graduate scheme.
14.7 The social partners noted that the Government is currently examining proposals for the introduction of an administrative scheme, on an ex gratia basis, to address the situation of foreign national workers in the State who previously held employment permits but then became undocumented through no fault of their own.
The parties agreed that it was desirable that the details of the scheme should be finalised with a view to their coming into effect prior to the commencement of the Immigration, Residence and Protection Bill, 2008, subject to the enactment of that proposed legislation by the Oireachtas.
Section 17: Public Service Pay Increases
17.16This agreement shall come into force on the expiry of the first pay agreement under Towards 2016 and will last for 21 months.
17.17 It is agreed by the parties that the following basic pay terms shall apply in the public sector:
A pay pause of 11 months from the expiry of the last phase of the first module under Towards 2016.
An increase of 3.5 per cent for the next nine months of the agreement; and
An increase of 2.5 per cent for the remainder of the agreement - except for those earning up to and including €430.49 per week (€22,463 per annum) on commencement of the second phase where a 3 per cent increase will apply.
17.18 The payment of these increases is dependent, in the case of each sector, organisation and grade, on verification of co-operation with flexibility and ongoing change, including co-operation with satisfactory implementation of the agenda for modernisation set out in the agreement, maintenance of stable industrial relations and absence of industrial action in respect of any matters covered by the agreement.
Public Service Modernisation
18.1 The parties will support the development of a more customer-focused approach to the delivery of public services which puts the public at the centre of public services and acknowledges that there are challenges that must be addressed if the public service is to meet the needs and expectations of our citizens.
18.3 The parties accept, therefore, that the public service modernisation process must deliver results that are clear, useful and verifiable to the user and must provide a level of performance that delivers outcomes in line with the needs of citizens . . .
There will be a need also for changes in skill mix, in how services are delivered, when and where they are delivered, and by whom they are delivered . . .