FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : J RAINEY & COMPANY LIMITED. - AND - A WORKER (REPRESENTED BY FERRY SOLICITORS) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Application for an interpretation of a Registered Employment Agreement (Construction Industry Wages and Conditions of Employment).
BACKGROUND:
2. The case before the Court concerns a dispute between the Company and a Worker in relation to the application of the Registered Employment Agreement (R.E.A.) for J Rainey & Co. Ltd. The Worker is claiming that the activities undertaken by the Company are covered in the Second Schedule of the R.E.A. and that the wages and conditions of employment included in the R.E.A. should be applied in this case. The Company rejects the claim. The Company was informed of the time, date and venue of the Labour Court hearing but did not attend.
The dispute could not be resolved at local level and was referred to the Labour Court in accordance with Section 33(1) of the Industrial Relations Act, 1946.
A Labour Court hearing took place on the 2nd October, 2009.
WORKER'S ARGUMENTS
3. 1. The First Schedule of the R.E.A. provides a rate of pay for Grade 1 Operatives and this work reflects the type of work undertaken by the Claimant.
2. The Claimant was entered into the Construction Workers Pension Scheme by the Company as a member and was accepted previously.
DECISION:
Noting with regret that no representative of the Company appeared at the hearing, the Court has considered the submission and supplementary material placed before it by the Claimant.
Having regard to the provisions of the Second Schedule to the Construction Industry R.E.A. and the fact that the Company paid contributions to the CWPS for at least two years up to 2008 on behalf of the Claimant, it is the view of the Court that the Company is a construction firm within the meaning of the R.E.A. and that the Claimant is a construction worker Grade (1) as defined in the L.R.C. document on responsibility and skill ranking within the construction industry.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
9th October, 2009.______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.