FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : PATRICK REDMOND TRADING AS A1 PAVING - AND - UNITE THE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
BACKGROUND:
2. This case concerns a Complaint by UNITE the Union that Patrick Redmond Trading As A1 Paving is a firm covered by the Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay but is non compliant with the Agreement vis a vis making contributions to the Construction Workers Pension Scheme (CWPS). The Union is seeking an Inspection of the Company's reocrds with a view to establishing arrears due to the CWPS and a Labour Court Order to ensure payments are made to the Scheme.
The Employer's position is that the entity is not a building firm as envisaged by the Registered Employment Agreement (REA) as its principal business is soft lanscaping and other ancillary activities not covered by the terms of the REA.
The matter was referred to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 11th June, 2010.
The following is the Court's Decision:
DECISION:
The Court has considered the submissions of all parties in this case. The Court is satisfied that a firm describing itself as a landscaping contractor could, depending on the actual work it undertakes and performs, come within the scope of the REA. However on the basis of the evidence submitted by both parties to this dispute, the Court is satisfied that the Respondent is not a Building Firm within the meaning of that term as envisaged by the REA.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
20th September 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.