On 10 September the Spanish Labour Court issued its decision 95/2012 declaring that a sector-wide collective bargaining agreement ("CBA") (in this case, the recently adopted CBA for the cement sector) cannot force companies in the sector to set salaries above the amounts established by the sector CBA.
The structure of collective bargaining has indeed been changed by Act 3/2012. From now on, the specific conditions of employment established in plant-level CBAs (retributive amounts, among other issues) shall prevail over sector CBAs that provide for the same condition of employment.
Therefore, the decision follows the rule of prevalence on remuneration established by the Labour Reform in respect of plant-level CBA's.
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