Labour Court Database __________________________________________________________________________________ File Number: CD93594 Case Number: REA9329 Section / Act: S10 Parties: EMBASSY GLASS COMPANY LIMITED - and - THE CONSTRUCTION INDUSTRY FEDERATION |
Breach of the Construction Industry R.E.A. on Pensions and Sick Pay.
Recommendation:
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 Embassy Glass Company
Limited, Unit 22, Crag Crescent, Clondalkin Industrial Estate,
Clondalkin, Dublin 22 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.
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 Embassy Glass Company 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 Embassy Glass Company 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 Embassy Glass Company
Limited from 27th May, 1991 to the date of this order.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93594 REA2993
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: EMBASSY GLASS COMPANY LIMITED
AND
THE CONSTRUCTION INDUSTRY FEDERATION
SUBJECT:
1. Breach of the Construction Industry R.E.A. on Pensions and
Sick Pay.
BACKGROUND:
2. A Labour Court investigation took place on 19th November,
1993.
RECOMMENDATION:
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 Embassy Glass Company
Limited, Unit 22, Crag Crescent, Clondalkin Industrial Estate,
Clondalkin, Dublin 22 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.
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 Embassy Glass Company 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 Embassy Glass Company 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 Embassy Glass Company
Limited from 27th May, 1991 to the date of this order.
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