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The Official Side’s position on Annex ‘C’ provision of supplementary pension, essentially results in a Defence Force Superannuation Scheme that does not fulfil the designed benefits and is contradictory in nature based on the higher contributions charged to our Members relative to standard accrual schemes. The final benefit on forced retirement at 58 or 60 for Single Scheme New Entrants does not adequately provide for a viable financial maintenance questioning the rationale for its “mandatory” requirement for employees to contribute in the first instance particularly in a situation where the benefits are now less the SPC value and consequently significantly less than an adequate return on contributions relative to private sector schemes.
The President and National Executive requested a meeting with the Minister to discuss this situation due to the significant impact on our New Entrant Members.
2.7 WORKPLACE RELATIONS COMMISSION (WRC)
A matter of concern during and since the 2015 BDC, was the Official Side’s, or more specifically DOD’s reluctance to use the full mechanisms of the C&A Scheme to negotiate change. This has seen instances where RACO contends that the Official Side has breached the terms of existing LRA, ignored the terms of the C&A Scheme by failing to enter into or conclude recognised negotiation processes in implementing changes. The approach of the Official Side appears to forcefully implement their desired change and then seek a review of the area to include incorporation of the change already implemented.
RACO’s position remains that in such cases, in accordance with established industrial relations practice that is reinforced by the HRA and both LRAs, the status quo must remain unchanged until it is altered by agreement or by third party decision through the C&A Scheme. Access to the Sectoral Oversight and LRA Oversight Committee are welcome progress but only when they respond to the Associations request for clarification or intervention.
As a consequence of the Official Sides approach to negotiations during 2016, the Association requested the intervention of the Oversight Committee citing multiple breaches of process contrary to the provisions of the LRA and the C&A Scheme. No response was received from the Oversight Committee after more than one attempt. This inherent failure calls into question our Representative Association “status” in an industrial relations hierarchy that only those unions affiliated to ICTU appear to have influence and the interest of DPER.
RACO’s most recent engagement with the WRC during the Pay Talks was positive. Where the WRC positively engaged in attempting to facilitate negotiations in the Defence Sector, the Official Side and DPER shut down any potential for meaningful negotiations repeatedly citing their position that there would not be any “side deals”. This contrasts with how negotiations were conducted in other Sectors and additionally reinforced by the Chair of the WRC, where it was stated that side deals were the means by which successful negotiations were concluded in reaching a proposed new Pay Agreement for those unions affiliated to ICTU.
3. CONCILIATION & ARBITRATION (C&A) SCHEME
3.1 GENERAL
The Defence Forces Conciliation and Arbitration Scheme was first introduced in 1993 and revised in 1998. The signatories to the Scheme are the Representative Association (RACO and PDFORRA) on the one part and “the Minister” (Minister for Defence and Minister for Finance) on the other. Closely modelled on similar schemes in all other areas of the public service it provides for four levels of negotiations, Conciliation, Facilitation, Adjudication and Arbitration.
3.2 CONCILIATION
The Conciliation Council is the main pillar of the C&A Scheme. Each “side” (the Representative Side and the Departmental, or Official, Side) is entitled to have up to six representatives at meetings of the Council. The Official Side is nominally headed by an Assistant Secretary of the Department of Defence, although in practice the negotiations are handled by the Principal Officer of the Department’s Conciliation and Arbitration Branch. The Official Side consists of representatives of the Department of Defence, the Department of Public Expenditure and Reform (DPER) and the Military Authorities. RACO is generally represented by members of the professional staff, although the President, members of the National Executive, elected representatives, or ordinary members of the Association also attend when it is considered necessary or appropriate.
Biennial Delegate Conference 2017
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GENERAL SECRETARY’S REPORT