Tony Killeen (Clare, Fianna Fail)

We originally intended to discuss this amendment with amendment No. 3 and I am experiencing difficulties chasing down my notes. Section 11 provides that employees can change from direct involvement to a system of collective representation. We have discussed many of the arguments on that matter, such as the 10% trigger mechanism. Once 10% or more of employees request something, a majority of employees must then approve a change from a direct involvement system to a collective representation system. The majority referred to is the majority of those employees in the undertaking who are operating under the direct involvement system.

This approach ensures a minimum number of employees support a change from a direct involvement to a system of collective representation while the trigger of 10% is sufficiently low to ensure employees are not hindered in making the request. There are other safeguards in the form of the Labour Court and so forth. The Bill makes it an offence for an employer to fail to put in place a collective system. The amendment as proposed does not improve the situation in this regard. If anything, it could considerably worsen it. Advice I have received is that the approach taken in the Bill is better.