FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : KILKENNY TARMAC LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Construction Industry Registered Employment Agreement - Wages And Conditions Of Employment
BACKGROUND:
2. The case before the Court concerns a claim by the Union that the Company is in breach of the Construction Industry Registered Employment Agreement on Wages and Conditions of Employment. It is the Union's claim that the Company is carrying out work on behalf of Local Authorities and that this work is one of the activities specified in the First Schedule of the aforementioned Agreement. The Company denies the Union's claim. It is the Company's position that its business is the manufacturing and sale of tarmacadem. It is not a construction company.
A Labour Court hearing took place on the 28th April, 2009.
UNION'S ARGUMENTS:
3. 1 The Company carries out work for the Local Authorities. They are a civil engineering company and therefore are covered under the First Schedule of the Agreement.
COMPANY'S ARGUMENTS:
4. 1 The Company is not involved in any contracting operations. It employs three plant production personnel and one laboratory technician.
DECISION:
This case concerns an alleged breach of a Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is brought by the Union against the Company under Section 32 of the Industrial Relations Act, 1946.
The Irish Concrete Federation on behalf of the Company submitted to the Court that the Registered Employment Agreement does not apply. It stated that the Company is primarily involved in the manufacture and sale of tarmacadam and as such is not one of the activities specified in the First Schedule to the Agreement, which defines the activities covered by the Agreement.
The complainant Union submitted to the Court that the respondent is a firm engaged in construction work and is covered by the definition of a civil engineering firm as outlined in the First Schedule to the Agreement.
Having investigated the matter, the Court is satisfied that the respondent is not a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is therefore not covered by the terms of the Registered Employment Agreement.
Therefore, the Court is satisfied that the complaint is not well founded and dismisses the complaint.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th May, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.