FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MIDLAND SCAFFOLDING LTD - AND - INP&DTG DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Alleged breach of the Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay.
BACKGROUND:
2. The dispute concerns a claim by the Irish National Painters and Decorators Trade Group, that the Company was in breach of the Construction Industry Registered Employment Agreement in that some of their workers were not registered in the Pension Scheme. The Company argued that the workers, who were employed as scaffolders, were not mentioned in, nor covered by, the Registered Agreement. The Union argued that scaffolders are General Operatives who have acquired additional skills and who are encompassed by the Registered Agreement.
A Labour Court hearing took place on the 7th July, 2006.
DECISION:
Having considered the oral and written submissions of the parties, the Court is satisfied that the workers concerned, scaffolders, are defined as Construction General Operatives who perform work which comes within the scope of the Agreement. They are therefore covered by the provisions of the Construction Industry Registered Employment Agreement.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
18th July, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.