Labour Court Database __________________________________________________________________________________ File Number: CD9523 Case Number: INT952 Section / Act: S33(1) Parties: SHANNON AIRCRAFT MOTOR WORKS (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Interpretation of the Registered Employment Agreement (Electrical Contracting Industry) and its application to a worker.
Recommendation:
The Court considered the written and oral submissions presented.
On the basis of the information before it, the Court decided that
this Company does not come within the scope of the Registered
Employment Agreement (Electrical Contracting Industry).
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9523 INTERPRETATION NO. INT295
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SHANNON AIRCRAFT MOTOR WORKS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Interpretation of the Registered Employment Agreement
(Electrical Contracting Industry) and its application to a
worker.
BACKGROUND:
2. 1. The Company was established in 1988 and employs 45
workers in the re-manufacture of motor and generator
parts for the aircraft industry. In December 1990, the
Company entered into a sole negotiating agreement with
the Union. The Company's pay rates are less than those
provided for in the Registered Employment Agreement
(REA) for the Electrical Contracting Industry.
2. The REA applies to:-
"all electricians who are engaged in the general
electrical contracting industry and to their
employers and to all electrical contractors engaged
in the Industry. An electrical contractor is
defined as the proprietor of a business whose main
activity is the performance of electrical work on a
contract or sub-contract basis for any third party.
Electrical work is defined as the installation,
repair, commissioning or maintenance of electrical
and electronic equipment, including the marking off
and preparing for and wiring (whether temporary or
permanent) of all electrical and/or electronic
appliances and apparatus, fitting and erecting all
controllers, switches, junction section
distribution and other fuseboards and all
electrical communications, bells, telephone, radio,
telegraph, x-ray, computer and data cabling,
instrumentation, fibre optics and kindred
installations: fitting and fixing of metallic and
other conduits perforated cable tray and casings
for protection of cables, cutting away of walls,
floors and ceilings etc. for same; erection, care
and maintenance of all electrical plant, including
generators, motors, oil burners, cranes, lifts,
fans, refrigerators and hoists; adjustments of all
controls, rheostats, coils and all electrical
contacts and connections; wiring of chassis for all
vehicles, erection of batteries and switchboards,
erection of crossarms, insulators, overhead cables
(LT and HT); fitting of staywires, brackets,
lightning arrestors etc. and underground mains.
This agreement will not apply to employees in state
and semi-state companies who are engaged in similar
activities and are covered by other agreements.
Neither will it apply to electricians and
apprentices employed directly by manufacturing
companies for the maintenance of those companies'
plants."
3. On 10th January, 1995, a worker of the Company requested
the Labour Court to investigate a complaint under
Section 33(1) of the Industrial Relations Act 1946, to
determine if the terms of the REA applied to the worker
in his employment. The Court investigated the complaint
in Limerick on 15th March, 1995.
UNION'S ARGUMENTS:
3. 1. The worker has served his time as an electrician and is
employed by a Company operating in the electrical
contracting industry. The scope of the REA defines
electrical work as care and maintenance of all
electrical plant including generators and motors.
2. The Company is engaged in the rewiring of electric
motors for the aircraft industry. This work is similar
to the work which the worker had to do when he served
his time as an electrician (details supplied). The
worker is seeking the same treatment as his electrician
colleagues with regard to the payment of the terms of
the REA for the electrical contracting industry.
COMPANY'S ARGUMENTS:
4. 1. The Company has been defined as a manufacturing company
and is registered as such by Shannon Development. It
does not fall within the scope of the definition of an
electrical contractor as defined in the REA. The REA's
definition of the electrical work has no relevance to
the nature of the work of the Company as the actual
electrical work is done by the Company's customers
(details supplied).
2. The Company's work does not require any electrical skill
and no live electricity is used at any stage in the re-
manufacturing process. It is not a condition of
employment that workers must have electrical training.
The manufacturing process is completed in a manner
similar to that of a production line with each operator
responsible for specific elements of the work. It is a
purely mechanical process. The Company cannot afford to
absorb the costs associated with the implementation of
the terms of the REA (details supplied).
INTERPRETATION:
The Court considered the written and oral submissions presented.
On the basis of the information before it, the Court decided that
this Company does not come within the scope of the Registered
Employment Agreement (Electrical Contracting Industry).
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Signed on behalf of the Labour Court
5th April, 1995 Finbarr Flood
J.F./M.M. _______________
Deputy Chairman