Labour Court Database __________________________________________________________________________________ File Number: CD92731 Case Number: REA939 Section / Act: S10 Parties: POLPERRO PROPERTY 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 Polperro Property Limited 11 Thomas Street Gorey Co. Wexford. - 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 Polperro Property Limited 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 Polperrro Property Limited 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 named in the schedule hereto as will effect
pension and mortality insurance cover for all such workers for all
periods of their employment by the said Polperro Property Limited
from 26th April 1989 to the date of this order.
Given under the Official Seal
of the Labour Court on this
8th day of March, 1993.
(Signed) Muireann O Briain
_________________
Registrar
SCHEDULE
S. Devlin
J. McDonald
T. Merrigan
D. Meyler
J. Morris
P. O'Brien
J. Quinn
M. Tighe
T. Tighe
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92731 REA993
AN CHUIRT OIBREACHAIS
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 10, INDUSTRIAL RELATIONS ACT, 1969
PARTIES: POLPERRO PROPERTY 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
Polperro Property Limited
11 Thomas Street
Gorey
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 complained to the Labour
Court (hereinafter called "the Court") that Polperro Property
Limited, 11 Thomas Street, Gorey, 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 than those set
out in the Second Schedule to the Employment Agreement as varied,
for any workers in its 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 Polperro Property Limited 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 Polperrro Property Limited 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 named in the schedule hereto as will effect
pension and mortality insurance cover for all such workers for all
periods of their employment by the said Polperro Property Limited
from 26th April 1989 to the date of this order.
Given under the Official Seal
of the Labour Court on this
8th day of March, 1993.
(Signed) Muireann O Briain
_________________
Registrar
SCHEDULE
S. Devlin
J. McDonald
T. Merrigan
D. Meyler
J. Morris
P. O'Brien
J. Quinn
M. Tighe
T. Tighe