Dancing at the crossroads: Lessons from Ireland on collective labour law reform

Abstract

AbstractThe past 20 years were convulsive for industrial relations in Ireland: from boom to bust and back again, with the Financial Crisis killing off national bargaining; the Supreme Court first undermining sectoral bargaining, then shifting back in favour of it; and of course, the Covid‐19 pandemic generating an overhaul of working conditions across society. All along, widespread industrial unrest has been notable by its absence. Long‐term decline in Irish trade union density continues, despite recent research showing significant popular support for trade unions, particularly among young workers. Now, the obligation to transpose the Directive on Adequate Minimum Wages has brought Ireland to a crossroads in collective labour law and industrial relations reform. How Ireland has responded to these pressures, internal and external, holds lessons for other jurisdictions, of which this article highlights three: a commitment to pragmatic adaptation over principled coherence makes measuring the success of any reform project difficult; different methods of reform enjoy varying levels of legitimacy; and disjunction between different levels of bargaining generates pressure on the system, including risks to the legitimacy of the system itself and the actors within it—particularly beleaguered trade unions.