V. The process of collective bargaining on flexibility
C. The public sector
Within the public sector it is normal for the basic terms of the national agreements to be applied as a matter of course. Disputes regularly arise related to loss of relativity with either internal or external groups of workers and with whom workers claim an established pay relationship or "relativity". These disputes are processed through either the Labour Court (which about half public sector workers have access to), or a public sector system of conciliation and arbitration, the C&A scheme, which is open to the other half of the public sector. An award by a public sector arbitrator, invariably a senior counsel, can be varied only by a decision of the Fáil - the Irish parliament (this requirement does not apply to the C&A scheme in the local authority or Health Boards). This is an inflexible system of pay determination where only a limited number of issues can be considered. In addition, the remuneration of higher civil servants and chief executives of commercial state sponsored bodies is dealt with by a special commission called the Buckley Commission. This has recently recommended to government increases in remuneration in excess of the Partnership 2000 agreement. By autumn 1997 the government had not yet accepted these recommendations. The Assistant Secretary of the Department of Finance indicated that the dilemma is to be able to have remuneration packages for those in the semi-state sector which will attract applicants of a sufficient calibre without establishing the basis for further escalating claims. He thought that in time somewhat more flexibility would come into the determination of wages in the public sector, with the C&A scheme for officers of local authorities and health boards being abandoned and having disputes from all workers, in those sectors, dealt with in the LRC and Labour Court. The Assistant Secretary of ICTU also indicated that a development of this nature is probable. The net effect would be to allow a wider range of issues to be dealt with than can currently be referred to arbitration, including flexibility. Neither respondent saw this extending to granting access to the Labour Court for workers in the civil service.