Labour Court Database __________________________________________________________________________________ File Number: CD92734 Case Number: REA9310 Section / Act: S10 Parties: MR. RICHARD SHANAHAN - 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. Richard Shanahan Mayors Walk Waterford. - Respondent
Recommendation:
1993
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92734 REA1093
AN CHUIRT OIBREACHAIS
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 10, INDUSTRIAL RELATIONS ACT, 1969
PARTIES: MR. RICHARD SHANAHAN
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. Richard Shanahan
Mayors Walk
Waterford. - 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
provisons 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. Richard Shanahan,
Mayors Walk, Waterford being an employer affected by the
Employment Agreement as varied, has failed to comply with the
provisions of the Employment Agreement 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 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 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. Richard Shanahan 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. Richard Shanahan 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 all
workers in his employment as will effect pension, mortality and
sick pay insurance cover for all such workers with effect from
16th May, 1989, such payment to be made on or before 15th March,
1993.
Given under the Official Seal
of the Labour Court on this
8th day of March, 1993.
(Signed) Muireann O Briain
___________________
Registrar