FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : THOMPSON STRUCTURES LIMITED - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADES UNION (INP & DTG) DIVISION : Chairman: Mr Duffy 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. 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 12th November, 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 30th September, 2004.
UNION'S ARGUMENTS
3.1 The Unions argued that as the Company erects steel constructions on building site that they are liable under the Registered Employment Agreement.
COMPANY'S ARGUMENTS
4.1In an oral submission to the Court the Company maintains that the Registered Employment Agreement does not apply to them as they are a steel fabricating company, primarily dealing with the manufacturing of steel.
2. The Company maintained that only 8-10% of their business would involve steel constructions.
Decision:
Having heard the parties to this complaint, the Court is satisfied that the Company is not a Building or Civil Engineering firm within the meaning of the Registered Employment Agreement for the Construction Industry.
Consequently the complaint herein is not well founded and the Court determines accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
7th October, 2004______________________
JBChairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.