FULL RECOMMENDATION
AN CHUIRT OIBREACHAIS THE LABOURCOURT INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MCCARTHY SWEEPER HIRE LIMITED - AND - IRISH NATIONAL PAINTERS&DECORATORS TRADE GROUP DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged breach of the Construction Industry Registered Employment Agreement (REA) on Pensions, Assurance and Sick Pay.
BACKGROUND:
2. The Union alleges the Company is in breach of the Construction Industry REA as it has not registered its employees in the Construction Federation Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of its business i.e that it is a plant hire company and operates on building sites. The Company states that it is involved in the services industry. It is in the business of sweeping/cleaning of roads and spends approximately 40% of the time on construction sites engaged in this type of work. The Company does not accept that it is in breach of the Construction Industry REA. The Company has registered its employees in a pension scheme and also provides a sick pay scheme for employees. On the 12th November, 2002 the Union referred a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Court hearing was held on the 16th April, 2003.
DECISION:
The Court has considered the Union's application under Section 32 of the Industrial Relations Act, 1946 that the firm is not complying with the Construction Industry Registered Employment Agreement relating to Pensions Assurance and Sick Pay.
The Court has considered whether the provisions of the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) Variation Order 1994 apply to the firm, as the firm is a plant hire company involved in sweeping/cleaning. The employer indicated that approximately 40% of the firm's time is spent on sweeping/ cleaning duties on construction sites. Additionally, the employer produced evidence to the Court of a pension scheme, which he operates for his employees and gave details of a sick pay scheme.
Consequently, the Court is not satisfied that the employer has breached the terms of the Registered Employment Agreement and decides accordingly.
Signed on behalf of the Labour Court
12th May, 2003______________________
todCaroline Jenkinson
Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.