S.I. No. 662/2019 - Registered Employment Agreement (Veterinary Ireland) Order 2019

1. Any TVI who wishes to transfer from his/her current one meat plant panel, to an alternative meat plant panel may do so (when the panel is open) provided he/she has the required training for that alternative meat plant. If training is required, it can be undertaken at the TVIs own expense.

2. Where there is more than one applicant, the place will be determined on the basis of date of placement on the panel from which TVIs are seeking to transfer. In the event that date is the same for more than one TVI, the place on the panel will be determined by a lottery of those with the same earliest date.

3. Such a TVI will be placed at the end of the panel to which he/she is transferring.

13 January 2019

Addendum to the Collective Agreement

between the

Department of Agriculture, Food and the Marine

and

Veterinary Ireland

4. Subsequent positions on the panel will be offered to existing TVIs in other plants wishing to transfer to the new plant. Where there is more than one applicant, the place will be determined on the basis of date of placement on the panel from which TVIs are seeking to transfer. In the event that date is the same for more than one TVI, the place on the panel will be determined by a lottery of those with the same earliest date.

5. If there is further unmet need for TVI panellists at the plant, such panel places will be filled by the normal sourcing arrangement for new TVIs.

6. In plants where other arrangements are in place, those plants will transition to operate these Conditions of Engagement on a phased basis, in consultation with Veterinary Ireland.

13 January 2019

13.

Transfers

7. Use of mobile phones or personal audio equipment while providing meat inspection service, (other than one off or short duration use as set out above) ;

8. Significant Breaches of confidentiality in respect of any DAFM/FBO business carried out on site;

9. Significant failure to comply with DAFM’s Data Protection Policy.

10. Removal of DAFM or FBO documents or taking copy of such documents.

11. Removal of product or tissue without approval.

12. Removal of DAFM clothing or equipment from a premises without approval.

SOP 10A

TVI - Complaints/Appeals Procedure

The parties to this agreement accept that it is in their mutual interest to establish a clear procedure for the resolution of all issues arising between them. Grievances will occur in the normal course of interaction in any organisation or workplace. It is accepted that failure to provide a procedure to deal adequately with these grievances, as they arise, will inevitably lead to disputes affecting not only the aggrieved party but all those engaged in the organisation/workplace.

Full recognition is given to the significance of personal grievances and all parties are determined that all grievances and disputes will be dealt with without undue delay and at the earliest possible stage of this procedure.

It is therefore the intention to settle amicably, at all times, any disagreements between the Department of Agriculture, Food and the Marine, its employees and representatives (DAFM Management), and any individual Temporary Veterinary Inspector (TVI), or groups of Temporary Veterinary Inspectors (TVIs), or between TVIs themselves, in relation to matters pertaining to the meat inspection service.

It is hoped that individuals will be able to settle any small disputes or differences of opinion amicably, based on mutual trust, respect and with recognition to the hierarchy structure of responsibility within the individual TVI Panel. In the event that any personal dispute between individuals cannot be settled, it should be brought to the attention of the Veterinary Inspector (VI) for consideration.

In the event of dispute or grievance between the DAFM staff and a TVI or group of TVIs on any matter be apparent, the following procedure will apply.

Stage 1

The matter in dispute will be discussed by the TVI or TVIs concerned, with the VI.

Stage 2

Failing settlement, the matter will be discussed between the TVI / TVIs, the VI and the Veterinary Ireland representative a decision given within two working days.

Stage 3

Should the parties fail to agree, the matter will be referred to more senior DAFM management. A meeting will be held within seven working days. Representatives from both DAFM and Veterinary Ireland may be in attendance. If a resolution is agreed, the decision will be confirmed within one working week.

Stage 4

Should the matter remain unresolved, it will be referred to an independent mediator whose decision shall be final.

During the period in which the above procedure is being followed normal meat inspection service will be provided.

In the event of any issues arising which cannot immediately be disposed of and which are being processed in accordance with the above grievance procedure, normal working - under protest if necessary - will continue, pending a settlement.

11.

Dealing with legislative, technological or industry change

13. All those who take up a position on a TVI panel agree and accept that DAFM will process their personal information in order to administer payments, in the formation and display of panels, and all other aspects of their engagement on these

Conditions of Engagement

. The attention of all panellists and applicants is drawn to the rights of data subjects under the General Data Protection Regulations.

14. Dispute Resolution Procedure

It is the intention of all parties that this collective agreement will promote harmonious relations and avoid disputes and disruption to the meat inspection service.

All parties are obliged to fully comply with the terms of this Dispute Resolution procedure.

If a dispute should occur between the parties to this agreement, neither party shall engage in a lock-out, or any other form of service disruption, until all of the following procedures have been complied with and the Labour Court has issued a recommendation on the dispute

• All disputes that do not involve matters of interpretation of this agreement which are not resolved at local level by engagement between the parties shall be referred to the Workplace Relations Commission for resolution.

• Where the Workplace Relations Commission fails to resolve the matter the issue shall be referred to the Labour Court.

• No TVI may initiate service disruption until after the rejection of a Labour Court recommendation and then only after the expiry of at least 14 days written notice to DAFM by Veterinary Ireland. All procedures set out in this rule must be exhausted before any action causing service disruption is undertaken.

No stoppage of work, go slow or lock out shall take place in regard to any issue arising from the interpretation of this collective agreement. Should a dispute arise in relation to the interpretation of any part of the collective agreement the matter will be referred to the Labour Court for resolution and binding decision in accordance with

section 12

of the

Industrial Relations (Amendment) Act 2015

.

15. Termination/Cancellation of Collective Agreement

This Agreement will remain in place until and unless all parties to the agreement agree to change its terms. Should all parties to the agreement agree to terminate the Agreement they will advise the Labour Court and give six (6) months’ notice in writing of the decision to terminate.

8 April 2019

GIVEN under my hand,

18 December, 2019.

PAT BREEN,

Minister of State at the Department of Business, Enterprise and Innovation.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purpose to be a legal interpretation.

)

The purpose of this Order is to set out the agreed terms and conditions from 23 April 2019 to apply to all Temporary Veterinary Inspectors engaged by the Department of Agriculture, Food and the Marine.

1 Determination that a premises is permanently closed will be concluded [12 months] after the cessation of slaughter.

2 “Working day” means a day which is not a Saturday, Sunday or public holiday

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

31

st December,

2019.

Whereas I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by subsection (5A) (inserted by

section 5

(d) of the

Industrial Relations (Amendment)Act 2012

(No. 32 of 2012)) of

section 27

of the

Industrial Relations Act 1946

(No. 26 of 1946), being satisfied that subsections (1) to (5) of the said

section 27

have been complied with and considering it appropriate to do so, hereby make the following order