FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 10, INDUSTRIAL RELATIONS ACT, 1969 PARTIES : P A DUNNE CONSTRUCTION LTD - AND - CONSTRUCTION FEDERATION OPERATIVES PENSION SCHEME DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged breach of the Construction Industry Registered Employment Agreement (REA) on Pensions, Assurance and Sick Pay.
BACKGROUND:
2. A Labour Court hearing took place on the 30th June, 2004. The following is the Court's findings:-
Decision:
This case concerns an alleged breach of a Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is brought under Section 10 of the Industrial Relations Act, 1969.
The Court heard submissions from both sides. Counsel for the Company submitted to the Court that the Registered Employment Agreement does not apply to the respondent. He stated that the Company is an employment agency and provides labour to the construction industry and is not one of the activities specified in the First Schedule to the Agreement, which defines the activities covered by the agreement. It is not contested that the respondent is the employer of the workers supplied to such construction firms.
The representative from the Construction Federation Operatives Pension Scheme (CFOPS) submitted to the Court that the respondent is a firm engaged in construction work and is covered by the definition of a building firm as outlined in the First Schedule to the Agreement.
In support of its view, CFOPS also rely on an agreement dated 17th October 2001 between ICTU, Construction Group of Trade Unions and the CIF, which states that the terms of the Registered Employment Agreement apply to agency workers and that many such agencies are in fact operating the Construction Federation Operatives Pension Scheme.
CFOPS pointed out that in December 2001 the firm approached the scheme in order to register a small number of its employees in the scheme. There are approximately 120 employees employed by the Company and CFOPS seek an order from the Court directing it to comply with the Pension, Assurance and Sick Pay provisions of the Registered Employment Agreement, forward from 17th December 2001.
Having investigated the matter, the Court is satisfied that the respondent is not a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pension, Assurance and Sick Pay) and is therefore not covered by the terms of the Registered Employment Agreement.
Secondly, under Section 10 of the Industrial Relations Act, 1969, the Court can only enforce complaints made concerning a breach of the Registered Employment Agreement. As the agreement dated 17th October 2001, does not form part of the Registered Employment Agreement, it is not admissible, according such a complaint is non-enforceable.
There the Court is satisfied that the complaint is not well founded and dismisses the complaint.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th July, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.