FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JOE FARRELL GROUNDWORK - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP 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. The Union came across this Company when they were working on a building site in Co Cavan in April 2004. The contractor was contacted and sent information documents and registration forms for the Construction Federation Operatives Pension Scheme (CFOPS).
The Company claim that they are not covered by the Construction Industry REA on Pensions, Insurance and Sick Pay.
A Labour Court hearing took place on the 8th April, 2005. The following is the Court's decision.
DECISION:
The case concerns an alleged breach of a Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is brought by the Union against the employer under Section 32 of the Industrial Relations Act, 1946.
The Employer submitted to the Court that the Registered Employment Agreement does not apply to his Company. He stated that he is primarily involved in a landscaping and gardening business and as such is not one of the activities specified in the First Schedule to the Agreement, which defines the activities covered by the agreement.
Having investigated the matter, the Court is satisfied that the Employer is not a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is, therefore, not covered by the terms of the Registered Employment Agreement.
Therefore, the Court is satisfied that the complaint is not well founded and dismisses the complaint.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd April, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.