Labour Court Database __________________________________________________________________________________ File Number: CD86490 Case Number: REA872 Section / Act: S10 Parties: - and - |
BREACH OF THE CONSTRUCTION INDUSTRY REA ON PENSIONS, ASSURANCE AND SICK PAY
Recommendation:
Division:
Text of Document__________________________________________________________________
CD86490 AN CHUIRT OIBREACHAIS REA-2-87
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
ORDER NUMBER 2 OF 1987
In the matter of a complaint under Section 10 of the Industrial
Relations Act 1969 by:-
The Construction Industry Federation - Complainant
Federation House
Canal Road
Rathmines
Dublin 6
against
Michael Madden and Son Limited - Employer
Doon Road
Cappamore
Co. Limerick
On 7th March, 1969, an Employment Agreement, dated 1st January, 1968,
and made between the Construction Industry Federation (formerly the
Federation of Builders, Contractors and Allied Employers of Ireland) of
the one part and the Amalgamated Society of Woodworkers and others of
the other part, was registered in the Register of Employment
Agreements.
The said Employment Agreement was varied for the thirteenth time by the
Registered Employment Agreement (Construction Industry Pensions
Assurance and Sick Pay) Variation Order (No. 2), 1985 with effect from
4th November, 1985.
The Construction Industry Federation, has complained to the Labour
Court (hereinafter called 'the Court') that Michael Madden and Son
Limited being an employer of a class to which the said Employment
Agreement, as varied, (hereinafter called 'the Agreement'), relates,
has failed or neglected to comply with the Agreement by failing or
neglecting to become and remain party to a contributory scheme the main
purpose of which is the provision of pension and mortality benefits not
less favourable than those set out in the Second Schedule to the
Agreement for any workers in its employment to whom the Agreement
applies and by failing or neglecting to operate a sick pay scheme for
the said workers on conditions not less favourable than those set out
in the Third Schedule to the Agreement.
The Court, having considered the complaint and having heard all persons
appearing to the Court to be interested and desiring to be heard, is
satisfied that Michael Madden and Son Limited is an employer to whom
the Agreement relates, has not complied with the conditions set out in
paragraphs 3 and 4 of the Agreement and was not contributing to any
pension scheme and was not contributing to a sick pay scheme, and that
the complaint is well-founded.
The Court, by virtue of the powers conferred upon it by Section
10(1)(b) of the Industrial Relations Act 1969, hereby directs the said
Michael Madden and Son Limited to become forthwith and remain party to
a pension scheme the main purpose of which is the provision of pension
and mortality benefits not less favourable than those set out in the
Second Schedule to the Agreement, and to pay contributions to such
scheme as will effect insurance cover for pension and mortality
benefits from 1st January 1984, to date, in respect of its employees.
The Court further directs the said Michael Madden and Son Limited to
operate forthwith a sick pay scheme on conditions not less favourable
than those set out in the Third Schedule to the Agreement, and to pay
contributions to such scheme as will effect insurance cover for
sickness benefit from 1st January 1984, to date, in respect of its
employees.
~
Signed under the Official Seal of the
Labour Court this 13th day of March, 1987.
(Signed) John M. Horgan
__________________
Chairman