FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : BRIAN MCCARTHY BUILDING & CIVIL ENGINEERING CONTRACTORS LTD (REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION) - AND - BUILDING AND ALLIED TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Interpretation of the Construction Industry Employment Regulation Order.
BACKGROUND:
2. An application by the Union for an interpretation of the Construction Industry Registered Employment Agreement (Wages and Conditions of Employment) was referred to the Labour Court in accordance with Section 33(1) of the Industrial Relations Act, 1946.
The following is the Court's Decision:-
DECISION:
This matter came before the Court by way of an application by BATU for an interpretation of the Registered Employment Agreement for the Construction Industry (REA). Specifically the Union contends that the REA requires an employer to whom the agreement relates to employ only Trade Union members. It is further contended that Clause 10 of the REA requires a sub-contractor to employ the appropriate grades of Trade Union labour as a condition precedent to recognition as an approved sub-contractor.
The first point contended for by the Union is not expressly contained in the REA. The Union submitted that such a term should be implied. The circumstances in which a term can be implied into a collective agreement are limited to cases in which the terms contended for is plainly and unambiguously in accordance with the intention of the parties or where the terms are necessary to give the agreement practical efficacy. Neither condition applies in this case.
With regard to Clause 10 of the REA, there is no real dispute between the parties as to the import of this clause. In so far as there is a dispute it relates to the implementation or application of the Clause. This is not a matter which the Court can appropriately deal with by way of an application for an interpretation of the REA.
In the circumstances the Court is of the view that the issues between the parties, namely the implementation and application of Clause 10 of the REA, should be referred to the NJIC for the industry.
Signed on behalf of the Labour Court
Kevin Duffy
22nd May, 2009______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.