Consultation on Ireland’s action plan on the promotion of collective bargaining

The objective of this consultation is 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.

It has been the consistent policy of successive Irish governments 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 2015 Industrial Relations Act defines ‘collective bargaining’ as comprising voluntary engagements or negotiations between any employer or employers’ organisation on the one hand and a trade union of workers or excepted body to on the other, with the object of reaching agreement regarding working conditions or terms of employment, or non-employment, of workers.

The Directive on Adequate Minimum Wages in the European Union was published on 19 October 2022 and 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.

The objective of this consultation is 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. Any measures to be included within the action plan, to increase the rate of collective bargaining coverage, should be in accordance with national law and practice.

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 department has already received proposals for possible inclusion in Ireland’s action plan. These include the recommendations arising from the Final Report of the LEEF High Level Group on Collective Bargaining. The High-Level Working Group was formed in March 2021 to review the collective bargaining landscape in Ireland and to make recommendations for improvement.

Under Section 8 of the Industrial Relations Act 2004, victimising an employee on account of the employee being or not being a member of a trade union or an excepted body or the employee engaging or not engaging in any activities on behalf of a trade union or an excepted body is illegal. Under Section 9 of the Act, the Workplace Relations Commission (WRC) may direct that the conduct which is the subject of the complaint should cease and make an award of compensation not exceeding 2 years remuneration.

The 2015 WRC Code of Practice on Victimisation refers to victimisation arising from an employee’s membership or non-membership, activity or non-activity, for a trade union.

Under Section 6 (2) (a) of the Unfair Dismissal Act 1977, as amended, the dismissal of an employee will be deemed to be unfair if it results wholly or mainly from an employee’s membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of work.

The Code of Practice on Duties and Responsibilities of Employee Representatives 1993 (under Section 42 of the Industrial Relations Act 1990) sets out guidance for employers, employees and trade unions the duties and responsibilities of employee representatives, and the protection and facilities which should be afforded them in order to enable them to carry out their duties in an effective and constructive manner.

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.

Any personal information, which you volunteer to this department, will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Acts 1988 and 2018. However, please note the following:

• the information provided in the submission form may be shared with relevant government departments and State organisations during the review process
• the department may publish the outcome of the reviews and the submissions received under this consultation on its website
• as information received by the department is subject to the Freedom of Information Act, such information may be considered for possible release under the FOI Act
• if you wish to submit information that you consider commercially sensitive, personal or confidential, please identify that information in your submission and give reasons for considering it sensitive

We would like to draw your attention to the department's Data Protection Privacy Notice which is available on our website and explains how and when we collect personal data, why we do so and how we treat this information. It also explains your rights in relation to the collection of your personal information and how you can exercise your rights under data protection laws.

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