FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MCR PERSONNEL LIMITED - AND - A GROUP OF WORKERS (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Decision On Application Of Registered Employment Agreement
BACKGROUND:
2. The two workers are employed with the Company as cleaners on building sites. They were required by the Company to posses valid Safe Pass Certificates and to wear appropriate safety boots and high visiblity vests. It is the workers view that as they work on building sites they should be encompassed by the Registered Employment Agreement for the Construction Industry. The Company's position is that it employes the workers concerned as cleaners and that they are paid at the appropriate rate.
UNION'S ARGUMENTS:
3. 1 Due to the specific environment the workers are employed in i.e. building sites, the Registered Agreement (Construction Industry Wages and Conditions of Employment) should apply to the workers.
COMPANY'S ARGUMENTS:
4. 1 The workers concerned applied for cleaning jobs and that is what they are employed to do. They undertake no construction work.
DECISION:
Having considered the submissions made by the parties, the Court decides that the claimants are not encompassed by the provisions of the Registered Employment Agreement for the Construction Industry.
Signed on behalf of the Labour Court
Raymond McGee
5th August, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.