Labour Court Database __________________________________________________________________________________ File Number: CD92732 Case Number: REA937 Section / Act: S10 Parties: RAPID TILES LIMITED - 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. Paul Bates T/A Rapid Tiles Limited Kilmore Quay Co. Wexford. - Respondent
Recommendation:
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. Paul Bates 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 herto as will effect
pension, mortality and sick pay insurance cover for such worker in
respect of his employment by Mr. Paul Bates with effect from 12th
June, 1990.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92732 REA793
AN CHUIRT OIBREACHAIS
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 10, INDUSTRIAL RELATIONS ACT, 1969
PARTIES: RAPID TILES LIMITED
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. Paul Bates
T/A Rapid Tiles Limited
Kilmore Quay
Co. Wexford. - 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 complainted to the labour
Court (hereinafter) called "the Court") that Mr. Paul Bates, T/A
Rapid Tiles Limited, Kilmore Quay, Co. Wexford 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 that 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, by virtue of the powers conferred on it by Section
10(1)(b) of the Industrial Relations Act, 1969, hereby directs the
said Mr. Paul Bates 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 herto as will effect
pension, mortality and sick pay insurance cover for such worker in
respect of his employment by Mr. Paul Bates with effect from 12th
June, 1990.
~
Given under the Official Seal
of the Labour Court on this
8th day of March, 1993.
(Signed) Muireann O Briain
___________________
Registrar