FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : KILMURRAY PRECAST CONCRETE LTD - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADES UNION INP&DTG DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. 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 18th August, 2004 the Union referred a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. In a letter to the Union dated 19th October, 2004 the Company stated that they did not come under this section of the Construction Industry. They also stated that they are a retail outlet and do not work on sites. A Court hearing was held on the 27th January, 2005.
DECISION:
Having considered the submissions made by the parties, the Court is not satisfied that the respondent is a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pension, Assurance and Sick Pay).
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
14th February, 2005______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.