FULL RECOMMENDATION
AN CHUIRT OIBREACHAIS THE LABOURCOURT INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : K & N PLANT (IRE) LIMITED TRADING AS KN NETWORK SERVICES - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Alleged breach of the Construction Industry Registered Employment Agreement (REA) on Pensions, Assurance and Sick Pay.
BACKGROUND:
2. The Company was established in May 2002 and is a telecommunications based organisation that provides services to the telecommunications industry both in Ireland and the U.K. They currently employ 90 people in the following categories: General Operatives, Fibre and Copper Engineers, Riggers, Drivers, Clerical/Administration and Supervisory staff. The work carried out ranges from: fixed line installation, telecoms and signal works, mast installations including rigging, commissioning and fibre network installations.
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 operates on building sites. On the 6th June, 2003 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 15th October, 2003.
Decision:
The Court having considered the written and oral submissions made by the parties finds that this Company does not fall within the definition of Companies covered by the Construction Industry Registered Employment Agreement.
The Court therefore rejects the Union's claim.
Signed on behalf of the Labour Court
Finbarr Flood
10th November, 2003______________________
JB/Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.