FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : CONSTRUCTION INDUSTRY FEDERATION - AND - IRISH CONGRESS OF TRADE UNIONS DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Interpretation of Registered Employment Agreement.
BACKGROUND:
2. In March, 2003 the Construction Industry Federation made an application to the Labour Court, under Section 33 (1) of the Industrial Relations Act, 1946, for an interpretation of Clause 11 of the Construction Industry Wages and Conditions of Employment Registered Employment Agreement (REA). The Clause headed " Machinery for the Settlement of Disputes" sets out a procedure for a resolution of trade disputes between workers and employers. The CIF claims that this procedure applies to all trade disputes regardless of the issue. The Construction Industry Committee (CIC) of the Irish Congress of Trade Unions contends that the Clause applies only to disputes that relate to wage rates or conditions of employment provided for in the REA. The ICTU also claim that the issue of selection for redundancy and lay-off in the industry is linked to the present clarification request and must be addressed in discussions between the parties on the updating of the REA. The Court investigated the dispute on the 8th May, 2003.
DECISION:
The hearing arose from an application under Section 33(1) of the Industrial Relations Act, 1946 by the Construction Industry Federation to the Labour Court for an interpretation of Clause 11, of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment). The Clause, Machinery for Settlement of Disputes outlines procedures for the resolution of trade disputes between employees and employers.
Both parties made written and oral submissions to the Court. During the course of the hearing it became clear that there was no dispute between the parties in relation to interpretation of Clause 11 as it applies to the disputes.
The Court, therefore, to ensure that there is no further confusion, clarifies the issue as follows “both parties to the hearing accepted that the disputes procedures as set out in Clause 11 applies to all trade disputes regardless of the issue and not merely to a dispute relating to the terms of the REA”.
In arriving at this clarification the Court is conscious that the parties have been in discussions in relation to issues surrounding the agreement and the requirement to review the REA.
The Court would, in addition to clarifying the issue above, recommend that the parties complete their discussions as soon as possible in order to avoid any further industrial relations problems.
Signed on behalf of the Labour Court
Finbarr Flood
9th June, 2003______________________
TODChairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.