FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : CURRAN ALUMINIUM AND PVC LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Interpretation of Registered Employment Agreement.
BACKGROUND:
2. This case concerns a dispute between Curran Aluminium Limited (represented by IBEC) and SIPTU in relation to an Interpretation of the Construction Industry Registered Employment Agreement (REA), Wages and Conditions of Employment. The Union's contention is that the Company employs window fitters/glaziers and should apply the appropriate rate of pay as set out in the Second Schedule of the REA.
The Company position is that the principal element of the business is the manufacturing of windows for supply to other entities and the supply and fitting of windows by the Company is undertaken in only a minority of cases. The Company further contends that as it is neither a Building nor Civil Engineering firm, the Registered Employment Agreement does not apply to it or its workers.
The Union submitted a request for interpretation of the REA on October 15th 2008 in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on Friday 12th December, 2008.
The following is the Court's Decision:
DECISION:
The Union has claimed that the provisions of the Registered Employment Agreement for the Constructionn Industry (the REA) should apply to its members employed by the Company as Construction Operatives (window fitters & installers)
within the meaning of the REA.
Under the terms of the REA, such workers must be employed by a "Building or Civil Engineering Firm" as defined in the Second Schedule to the REA.
Under S1(a) of that Schedule, a "Building Firm" means an undertaking the principal business of which is one or a combination of any of the following activities -
- the construction, reconstruction, alteration, repair, painting, fitting of glass in buildings and demolition of buildings"
The Company contends that, although it engages in the fitting of glass in buildings, the great majority of its activities are concerned with the manufacture and design of windows for supply both for installation by its own fitting staff and on a "supply-only" basis to third parties, where the company is not involved in installation. In support of its position, the Company pointed out that it had a showroom and supplied brochures to the Court.
The parties supplied information, both at and subsequent to the Court Hearing, in regard to the workings, business activities, structure, financial arrangements
and, on the specific request of the Court, turnover, based on independently audited accounts.
Having carefully examined all of the information supplied by the parties and having evaluated the views put forward by the parties, the Court has concluded
that the majority of the Company's turnover arises from the manufacturing of windows, that this is the principle business of the Company and that therefore
the Company is not "a Building Firm" within the meaning of the REA.
The Court so decides and rejects the application made by the Union
Signed on behalf of the Labour Court
Raymond McGee
22nd January 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.