Set out hereunder is the Expert Group’s response to the remaining issues in connection with the Collection & Delivery Agreement.

Premises/Accommodation

This matter was tabled by the Company who argued that the terms of Clause 3, especially 3.2.2(i) should apply.  The issue relates to new premises in Kilkenny, Tuam and Ennis which remain unoccupied for sometime.

The Expert Group notes that the parties are engaged in discussions in relation to Kilkenny.  It is their view that these discussions should continue in the hope that they will resolve the particular dispute and hopefully result in a template to resolve the other two.

If agreement is not reached by 16th May, it is the Expert Group’s intention to issue a decision on the matter.

Easter Leave Arrangements

The Expert Group was asked to consider the appropriateness of a decision by Management to indicate an intention to cease payment of meal reliefs over the Easter Holiday.

The Company makes the case that Clause 5.5.3 of the Agreement supports this decision.

Having researched the matter the following are the Expert Group’s conclusions-:

(i)  Good Friday is not a Public Holiday but is specifically provided for in the Agreement.
      (Clause 7.4-“…….the current payment practice will continue to apply”.)

(ii)  On the matter of Public Holidays, it is our conclusion that Clause 5.5.3 refers only to
      the working/non working of work breaks on Public Holidays and not to payment. 
      We are supported in this position by an examination of our records.  These show a
      penultimate draft of the particular clause specifically stating that payment would not
      be made.  However, the reference to payment was taken out in the final revision
      presented by the Company.

In light of the foregoing and in the absence of any contrary provision in the Agreement, the Expert Group find that the pre agreement practice should apply in relation to (i) and (ii) above.