Labour Court Database __________________________________________________________________________________ File Number: CD91299 Case Number: LCR13374 Section / Act: S32 Parties: JOHN PAUL CONSTRUCTION - and - BUILDING AND ALLIED TRADES' UNION |
Dispute concerning alleged breach of sub-contractor clause of the Construction Industry Registered Employment Agreement for wages and conditions of employment.
Recommendation:
5. The Court has fully considered the views of the parties as
expressed in their oral and written submissions. The Court finds
that Clause 9 "Definitions of Sub-Contractors" is part of an
Industrial Relations Agreement appended to the main agreement.
There is no provision in the Industrial Relations Acts for
Industrial Relations Agreements, the Acts provide for Employment
Agreements.
Accordingly the Court does not consider them agreements in the
legal sense of the word.
The Court notes that in the past the parties have been requested
to submit proposals agreed by both parties which could be
considered under Section 28 of the Industrial Relations Act, 1946.
The Court however whilst finding in accordance with the above that
the Registered Employment Agreement has not been breached also
finds the parties have a specific agreement (3 June, 1981) with
regard to sub-contractors and in the interests of good industrial
relations this should be applied. The absence of the N.J.I.C. is
not, it is considered, grounds for breaching the agreement made.
The absence of the N.J.I.C. has not prevented the parties from
conducting negotiations in a forum acceptable to them.
This negotiating forum should implement the clauses of the
agreement and vary them where this is considered necessary and
agreed.
In the interim the terms of the 1981 agreement should apply and
the Company should ensure that sub-contractors conform to the
terms of the agreement.
The Court so recommends.
Division: MrMcGrath Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD91299 RECOMMENDATION NO. LCR13374
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 32(1), INDUSTRIAL RELATIONS ACT 1946
PARTIES: JOHN PAUL CONSTRUCTION
AND
BUILDING AND ALLIED TRADES' UNION
SUBJECT:
1. Dispute concerning alleged breach of sub-contractor clause of
the Construction Industry Registered Employment Agreement for
wages and conditions of employment.
BACKGROUND:
2. The Court investigated this dispute on the 25th June, 1991.
The following is the Court's recommendation.
RECOMMENDATION:
5. The Court has fully considered the views of the parties as
expressed in their oral and written submissions. The Court finds
that Clause 9 "Definitions of Sub-Contractors" is part of an
Industrial Relations Agreement appended to the main agreement.
There is no provision in the Industrial Relations Acts for
Industrial Relations Agreements, the Acts provide for Employment
Agreements.
Accordingly the Court does not consider them agreements in the
legal sense of the word.
The Court notes that in the past the parties have been requested
to submit proposals agreed by both parties which could be
considered under Section 28 of the Industrial Relations Act, 1946.
The Court however whilst finding in accordance with the above that
the Registered Employment Agreement has not been breached also
finds the parties have a specific agreement (3 June, 1981) with
regard to sub-contractors and in the interests of good industrial
relations this should be applied. The absence of the N.J.I.C. is
not, it is considered, grounds for breaching the agreement made.
The absence of the N.J.I.C. has not prevented the parties from
conducting negotiations in a forum acceptable to them.
This negotiating forum should implement the clauses of the
agreement and vary them where this is considered necessary and
agreed.
In the interim the terms of the 1981 agreement should apply and
the Company should ensure that sub-contractors conform to the
terms of the agreement.
The Court so recommends.
~
Signed on behalf of the Labour Court
2nd August, 1991 Tom McGrath
T.O'D. / M.O'C. _______________
Deputy Chairman