Labour Court Database __________________________________________________________________________________ File Number: CD87221 Case Number: REA876 Section / Act: S10 Parties: V. MORGAN & SONS LTD - and - CIF |
BREACH OF CONSTRUCTION INDUSTRY REGISTERED AGREEMENT
Recommendation:
Division: Ms Owens Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD87221 AN CHUIRT OIBREACHAIS REA687
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
In the matter of a complaint under Section 10 of the Industrial
Relations Act, 1969 by:-
The Construction Industry Federation
Federation House
Canal Road
Rathmines
Dublin 6 - Complainant
against
Val Morgan & Sons Ltd.
32 Rosebank
Old Bawn
Tallaght
Dublin 24 - Respondent
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 Val Morgan & Sons
Ltd., 32 Rosebank, Old Bawn, Tallaght, Dublin 24, 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 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 Val Morgan & Sons Ltd., 32 Rosebank, Old
Bawn, Tallaght, Dublin 24 was an employer affected by the
Agreement, and having joined the Pension/Sick Pay Schemes of the
Construction Industry Federation, had allowed both employees' and
employer's contributions to the said Schemes to fall into arrears,
and had thereby failed to comply with the conditions set out in
Paragraphs 3 and 4 of the Agreement, 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 Val Morgan & Sons Ltd., 32 Rosebank, Old Bawn, Tallaght,
Dublin 24, to pay the sum of #9,624.59 arrears of contributions in
respect of its former employees to the Construction Industry
Federation Pension/Sick Pay Scheme.
Given under the Official Seal of the
Labour Court this day of May, 1987
(Signed) _______________________
Muireann O'Briain
Registrar