FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : GERARD KEARNEY (REPRESENTED BY MULVEY KENNY & CO SOLICITORS) - AND - CESLOVAS GRAZEVICIUS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Interpretation of Registered Employment Agreement (Construction Industry Pay and Conditions of Employment) REA.
BACKGROUND:
2. This case 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 23rd September, 2009.
WORKER'S ARGUMENTS:
3. 1. The Company is covered by the REA for the Construction Industry and the Workers are all Construction Workers.
COMPANY'S ARGUMENTS:
4. 1. Management concedes that the Company is covered by the REA for the Construction Industry and therefore, there is no issue before the Court.
DECISION:
This matter came before the Court by way of an application by Mr. Richard Grogan, Solicitor on behalf of Mr. Ceslovas Grazevivius, Mr. Robertas Nikolicius, Mr. Vygandas Ruzgas for an interpretation of the Registered Employment Agreement (Construction Industry Pay and Conditions of Employment) (the Agreement) and its application to the Respondent. It is brought under Section 33 (1) of the Industrial Relations Act, 1946.
The Court heard submissions from both sides. Mr Grogan, submitted to the Court that the Respondent is a "building firm" covered by the definition contained in the Second Schedule of the Agreement.
Mr John Curran, B.L. conceded on behalf of the Respondent that the Registered Employment Agreement applies to it.
Accordingly, the Court hereby decides that the Agreement does apply to the Respondent.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd October, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.