Labour Court Database __________________________________________________________________________________ File Number: CD92745 Case Number: REA931 Section / Act: S10 Parties: MR. FRANK COSGROVE - and - CONSTRUCTION INDUSTRY FEDERATION |
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 Mr. Frank Cosgrove T/A F & P Cosgrove 61 Floraville Avenue Clondalkin Dublin 22. - Respondent
Recommendation:
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 the said Mr. Frank Cosgrove is an
employer affected by the Employment Agreement as varied, and that
the complaint is well founded.
The Court, by virtue of the powers conferred on it by Section
10(1)(b) of the Industrial Relations Act, 1969, hereby directs the
said Mr. Frank Cosgrove to comply with the Employment Agreement as
varied, and to pay such contributions to the Construction
Federation Operatives Pension/Sick-Pay Schemes in respect of the
worker named in the Schedule attached hereto as will effect
pension, mortality and sick pay insurance cover for such worker in
respect of his employment by Mr. Frank Cosgrove with effect from
6th March, 1991.
Given under the Official Seal
of the Labour Court on this
19th February, 1993
(Signed) Muireann O Briain
___________________
Registrar
SCHEDULE
Mr. P. Barry of 10 Bunratty Avenue, Coolock, Dublin 15.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92745 REA193
AN CHUIRT OIBREACHAIS
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 10, INDUSTRIAL RELATIONS ACT, 1969
PARTIES: MR. FRANK COSGROVE
AND
CONSTRUCTION INDUSTRY FEDERATION
SUBJECT:
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
Mr. Frank Cosgrove
T/A F & P Cosgrove
61 Floraville Avenue
Clondalkin
Dublin 22. - Respondent
BACKGROUND:
On 7th March, 1969 an Employment Agreement, dated the 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 has been varied pursuant to the
provisions of Section 28 of the Industrial Relations Act, 1946
seventeen times and most recently by the Registered Employment
Agreement (Construction Industry Pensions, Assurance and Sick Pay)
Variation Order, (No. 2) 1990, with effect as from the 13th
August, 1990, and is hereinafter called "the Employment Agreement
as varied."
The Construction Industry Federation has complained to the Labour
Court (hereinafter called "the Court") that Mr. Frank Cosgrove,
T/A F & P Cosgrove, 61 Floraville Avenue, Clondalkin, Dublin 22
being an employer affected by the Employment Agreement as varied,
has failed to comply with the provisions of the Employment
Agrement as varied 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 Employment
Agreement as varied, for any workers in his employment to whom the
Employment Agreement as varied appliles, 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 Employment Agreement as varied.
RECOMMENDATION:
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 the said Mr. Frank Cosgrove is an
employer affected by the Employment Agreement as varied, and that
the complaint is well founded.
The Court, by virtue of the powers conferred on it by Section
10(1)(b) of the Industrial Relations Act, 1969, hereby directs the
said Mr. Frank Cosgrove to comply with the Employment Agreement as
varied, and to pay such contributions to the Construction
Federation Operatives Pension/Sick-Pay Schemes in respect of the
worker named in the Schedule attached hereto as will effect
pension, mortality and sick pay insurance cover for such worker in
respect of his employment by Mr. Frank Cosgrove with effect from
6th March, 1991.
Given under the Official Seal
of the Labour Court on this
19th February, 1993
(Signed) Muireann O Briain
___________________
Registrar
SCHEDULE
Mr. P. Barry of 10 Bunratty Avenue, Coolock, Dublin 15.