FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : ENNIS LIFTS - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Construction Industry Registered Employment Agreement - Pensions Assurance and Sick Pay
BACKGROUND:
2. The Company is based in Co. Clare and it's principle business is installing lifts.It employs electricians and electrical engineers, none of which are either craftsmen or construction operatives as referred to in the Registered Employment Agreement (REA).
- The Union alleges the Company is in breach of the Construction Industry REA as it has not registered it's employees in the Construction Federations Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of it's business i.e that it operates on building sites. On the 28th August 2004, the Union referred a complaint to the Labour Court under Section 32 if the Industrial Relations Act, 1946. A Court hearing was held on the 30th March, 2005.
DECISION:
The Employer is not a building or a civil engineering firm within the meaning of the Registered Employment Agreement. Moreover, the complaint relates to electricians, which is not a category of worker covered by the agreement.
In these circumstances the Court is satisfied that Ennis Lifts Limited is not an employer to which the Agreement relates and accordingly it cannot be in breach of the Agreement.
On that basis the Court determines that the Union's complaint is not well founded.
Signed on behalf of the Labour Court
Kevin Duffy
14 April, 2005______________________
JO'CChairman
NOTE
Enquiries concerning this Decision should be addressed to Joanne O'Connor, Court Secretary.