FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MEDICAL & INDUSTRIAL PIPELINE SYSTEMS LTD - AND - OPERATIVE PLASTERERS ALLIED TRADE SOCIETY I RELAND DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
BACKGROUND:
2. This case concerns a dispute between the Company and the Union in relation to an alleged breach of the Registered Employment Agreement (REA) for the Construction Industry (Pensions, Assurance and Sick Pay). The Union contends that the Agreement applies to the Company on the basis that the workers in question are Construction Craftsmen (Plumbers), irrespective of the Company's business.
The Company's position is that, although the workers are Craftsmen, they are involved in activities other than the plumbing activities set down in the Registered Agreement. It further contends that it applies entitlements in excess of those provided for in the REA in respect of Pension and Sick Leave.
The disputed issue was referred to the Labour Court in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on 12th August, 2008
UNION'S ARGUMENTS:
3 1 The Company is involved in activities that are covered under the terms of the Registered Employment Agreement. The workers are Construction Craftsmen and the Pensions and Sick Leave entitlements should be applied as per the REA.
COMPANY'S ARGUMENTS:
4 1 The Company is not covered by the terms of the REA. It is involved in the installation of specialist medical equipment dealing with gases only. This activity is not relevant to the Construction Industry or the terms of the REA.
2 The Company employs specialist fitters and these workers are paid excellent rates of pay and have Sick Leave and Pension entitlements in excess of those provided under the REA.
DECISION:
Having considered the submissions of the parties, the Court does not consider that the Registered Agreement applies to the Company and the workers on whose behalf the complaint was made. The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
1st September 2008______________________
ahDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.