FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : SITE INVESTIGATIONS LIMITED (REPRESENTED BY IRISH BUSINESS EMPLOYERS CONFEDERATION) - AND - INP&DTG DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Construction Industry Registered Employment Agreement - Pensions, Assurance and Sick Pay
BACKGROUND:
2. The Union's complaint, which is taken in respect of one particular worker, is that the Company is involved in civil engineering and construction work on site, and is covered by the Registered Employment Agreement (REA). The Company denies that is in involved in civil engineering or any construction work. It maintains that it is involved in site investigation to determine the suitability of a site for the use for which it is intended. Borings are made into the soil to an adequate depth, and this work is done months or even years in advance of any construction. The Company also maintains that it has an agreement since 1988 with the then Irish Transport and General Workers' Union (ITGWU) that it is not covered by the REA. The Union referred the case to the Labour Court on the 13th of March, 2006. A Labour Court hearing took place on the 18th of August, 2006. The following is the Court's decision:-
DECISION:
On the evidence before it the Court is not satisfied that the Company against which the complaint is made is a building or civil engineering firm within the meaning of the Registered Employment Agreement. In the circumstances, the Court must hold that the employer is not covered by the Agreement and cannot be in breach of its terms.
Accordingly, the Court holds that the complaint herein is not well-founded.
Signed on behalf of the Labour Court
Kevin Duffy
28th August, 2006______________________
CON/EWChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.