01/05/2025

The Department of Enterprise, Trade and Employment has launched a public consultation to gather views from relevant stakeholders in relation to the possible content of Ireland’s national action plan and how Ireland can progressively increase and promote collective bargaining.

Background

Collective bargaining is defined by the Directive as “all negotiations that take place according to national law and practice in each member state between an employer, a group of employers or one or more employers organisations on one hand, and one or more trade unions on the other, for determining working conditions and terms of employment.”

The Irish government has long made it clear of its intention to promote collective bargaining through the development of an institutional framework supportive of a voluntary system of industrial relations, premised upon freedom of contract and freedom of association.

The Directive on Adequate Minimum Wages in the European Union was transposed in Ireland by 15 November 2024. The Directive aims to ensure that workers across the European Union are protected by adequate minimum wages allowing for a decent living wherever they work.

Article 4 of the Directive aims to promote collective bargaining on wages in all member states. To reach that objective, member states, with the involvement of the social partners, in accordance with national law and practice, shall:

• promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage-setting, in particular at sector or cross-industry level
• encourage constructive, meaningful and informed negotiations on wages between the social partners, on an equal footing, where both parties have access to appropriate information in order to carry out their functions in respect of collective bargaining on wage-setting
• take measures, as appropriate, to protect the exercise of the right to collective bargaining on wage-setting and to protect workers and trade union representatives from acts that discriminate against them in respect of their employment on the grounds that they participate or wish to participate in collective bargaining on wage-setting
• for the purpose of promoting collective bargaining on wage-setting, take measures, as appropriate, to protect trade unions and employers’ organisations participating or wishing to participate in collective bargaining against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration

In addition, each member state in which the collective bargaining coverage rate is less than a threshold of 80% (as in a majority of member states, including Ireland) shall provide for a ‘framework of enabling conditions’ for collective bargaining and shall also establish an action plan by end of 2025 to promote collective bargaining. The action plan shall be reviewed at least every five years. The design of the framework of enabling conditions and the content of the action plan is entirely up to member states, in consultation with the social partners.

Employer insights are crucial to shaping policies that support balanced and constructive workplace negotiations.

The Department is considering various recommendations, including insights from the LEEF High-Level Group on Collective Bargaining. As a partner in this consultation, your feedback will help shape practical and effective policies.

Consultation questions and submissions

Respondents are requested to make their submissions on the following form:

Public consultation on Ireland’s action plan to promote collective bargaining

The closing date for submissions is close of business, Monday, 12 May 2025 and we encourage members to respond.   The Association will also make a submission on behalf of Members. Any member who wishes to feed into that submission should do so by contacting kathryn@employersfederation.org by Friday 9^th May 2025.