The two sides in the dispute over outsourcing of jobs at Irish Ferries presented their cases yesterday to the Labour Court, which is expected to issue a recommendation shortly.
Siptu members had threatened to strike last month over the company's plan to replace up to 540 unionised seafarers with cheaper labour from eastern Europe.
The dispute has implications for the future of social partnership. Unions have decided not to enter talks on a successor to Sustaining Progress in the absence of Government guarantees on measures to prevent displacement of jobs and prevent exploitation of workers.
Representatives of the company and Siptu attended the court yesterday morning for discussions that continued until early afternoon. The court is expected to issue a recommendation in a short timeframe, possibly before the end of the week.
If the company decides to proceed with outsourcing, union leaders are likely to demand action against the company by the Government.
Taoiseach Bertie Ahern has already condemned the proposal. In a letter to Irish Congress of Trade Unions president Peter McLoone last month, he said he deplored the planned replacement of Irish workers with non-nationals outside the protection of Irish law, including the minimum wage. He said he expected the parties to abide by whatever recommendation was issued by the Labour Court.
The agency workers hired to replace the seafarers would be paid €3.60 an hour, less than half the Irish minimum wage. The company claims it has no choice but to outsource in order to remain competitive.
Given that all the workers would have accommodation on board, with food, travel and other living expenses paid for, and would receive "favourable income tax treatment", even the lowest-paid would be financially better off than those working in Ireland for the minimum wage, it said. Siptu said it was "shameful" to suggest that workers' wages were being augmented by allowing them to live on a boat.