5.—(1) The Court, having investigated a trade dispute under section 2, may make a recommendation giving its opinion in the matter and, where appropriate, its view as to the action that should be taken having regard to F11[the totality of remuneration and conditions of employment], and to dispute resolution and disciplinary procedures, in the employment concerned.

(2) A recommendation under subsection (1) shall not provide for arrangements for collective bargaining.

F12[(3) The Court shall not make a recommendation providing for an improvement in the remuneration and conditions of employment of a grade, group or category of worker unless it is satisfied that the totality of the remuneration and conditions of employment of the workers concerned provides a lesser benefit to the workers concerned having regard to the totality of remuneration and conditions of employment of comparable workers employed in similar employments.

(4) When considering if the totality of remuneration and conditions of employment of a grade, group or category of worker provides a lesser benefit to the workers concerned having regard to the totality of remuneration and conditions of employment of comparable workers employed in similar employments, the Court shall have regard to—

(a) the totality of the remuneration and conditions of employment of comparable workers employed in similar employments (whether such comparable workers are represented by a trade union of workers or are not represented by a trade union of workers), and

(b) the comparability of skills, responsibilities, physical and mental effort required to perform the work in which the workers are engaged.

(5) For the purposes of paragraph (a) of subsection (4), the Court may have regard to those in similar employments of an associated employer outside the State.

(6) Where collective agreements concerning the grade, group or category of worker are commonplace in similar employments to the employment which is the subject of the trade dispute, the Court shall, in addition to other evidence presented by the parties, have due regard to the terms of such agreements for the time being in force.

(7) Where collective agreements concerning the grade, group or category of worker are not commonplace in similar employments to the employment which is the subject of the trade dispute, the Court shall have due regard to all evidence presented by the parties whether by way of collective agreements or established, to the satisfaction of the Court, by other means.

(8) The Court shall, for the purpose of making a recommendation, have regard to the effect such recommendation may have on the maintenance of employment and the long term sustainability of the business of the employer.]