FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MR JOE FINLAY T/A FINLAY DECOR - AND - INP&DTG DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
BACKGROUND:
2. The case before the Court concerns a complaint by the Irish National Painters and Decorators Trade Group (INP&DTG), that Joe Finlay t/a Finlay Decor is in breach of the Construction Industry Registered Employment Agreement (REA) on Pensions Assurance and Sick Pay. The Union is claiming that Joe Finlay t/a Finlay Decor should apply the terms of the Registered Agreement to all workers covered by the agreement. The employer's position is that an alternative scheme is in place, the benefits of which exceed those provided for by the REA.
The Union submitted its complaint on 6th June 2005. A Labour Court Hearing took place on 20th April 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The scheme applies to the Construction Industry and is mandatory unless an alternative scheme is in place that exceeds the Scheme provided under the Registered Employment Agreement. While certain benefits of the alternative scheme may exceed the Construction Industry Federation Operatives Pension Scheme (CIFOPS), the transferability of the scheme may become an issue when changing employments within the Construction Industry.
EMPLOYER'S ARGUMENTS:
4. 1. The benefits of the alternative Scheme exceed those of the CIFOPS Scheme. Transferability is not an issue as the Scheme Provider has guaranteed that the scheme may be transferred between employments.
DECISION:
Having heard the submissions of the parties, the Court is not satisfied that the scheme currently operated by the employer complies in full with the provisions of the Construction Industry Registered Employment Agreement on Pensions Assurance and Sick Pay.
The Court, therefore, directs that the Company become compliant with the provisions of the Registered Employment Agreement.
Signed on behalf of the Labour Court
Raymond McGee
24th April 2006______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.