Competition Issue Irish Equity

Competition Authority Decision 2004 Collective Bargaining Prohibited for VO Actors and Freelance Musicians and others Self employed not employees they are individual undertakings Combining is the formation of a cartel Collective bargaining is therefore price-fixing

Consequences 12 years of persistent lobbying Falling / Stagnant income levels for members Reduced significance of union membership to VO actors Reduced significance of the union in the VO industry Contamination of other EU countries

Stagnant Years 2006 – Commitment from Government for Amending Legislation 2008 – Recession 2006 – Commitment from Government on Amending Legislation though Social Partnership 2009 to 2013 – IMF

Strategy Domestic Political Lobby Complaint to the ILO Complaint to the European Social Charter SIPTU – NUJ - ICTU

Domestic Progress Labour Party Motion in Dail Eireann on a package of measures for Workers Rights June 2013 - Including a clause ensuring freelance workers have the right to collectively bargain; 2015 – Labour Senator Ivana Bacik Competition (Amendment) Bill Objective- To delimit the application of the Competition Act 2002 to Trade Unions and Trade Union Members and to certain agreements negotiated with public bodies, and to provide for related matters.

ILO Breach of Article 2 of the ILO Convention No. 87 on the Freedom of Association and Protection of the Right to Organise – long process Concluded that the Irish Government and social partners should look at what contractual arrangements would impact on collective bargaining in Ireland. (June 2016) European economic and social committee issues a helpful Opinion May 2016

European Social Charter Collective Complaint SIPTU and the NUJ Considering: EU law (the basis of the Competition Authority ruling) European Convention jurisprudence The jurisprudence of the European Social Charter

Outcome Competition Amendment Act 2017 Provides a definition of false self employed worker Allows trade unions to collectively bargain for self employed voice over actors, session musicians and freelance journalists Provides for the extension of this legislation to other categories of workers European complaint still proceeding

Limitations Illegality of Collective Bargaining removed but absence of statutory right to collective bargaining (universally) remains Reduced relevance gap to be bridged Collective remedy for employer non co-operation absent