INT118

FULL RECOMMENDATION

CD/11/223

DECISIONNO.INT118

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946

PARTIES :

ROCK ROAD STONE COMPANY LIMITED

- AND -

JONAS NARAUSKAS

DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Mr Shanahan

SUBJECT:
1. Interpretation of an REA.

BACKGROUND:

2. This case concerns a dispute between the Worker and his former Employer in relation to the application of the appropriate pay and conditions as outlined in the Construction Industry Registered Employment Agreement Wages and Conditions of Employment.

On the 1st April, 2011, the Worker referred the issue to the Labour Court, in accordance with Section 33(1) of the Industrial Relations Act, 1946.

A Labour Court hearing took place on the 25th August, 2011.

DECISION:

This is an application by Jonas Narauskas (the Applicant) made pursuant to Section 33(1) of the Industrial Relations Act 1946 by which he sought the Decision of the Court on a question as to the applicability of the Registered Agreement for the Construction Industry to his former employment with Rock Road Stone Company Limited (the Respondent)

The Applicant was informed of the time and date on which this matter would be considered but failed to attend the hearing.

Section 33(1) of the Act provides: -

The Court may at any time, on the application of any person, give it's decision on any question as to the interpretation of a registered employment agreement or its application to a particular person.

It is clear form the language of this provision that it enables the Court exercise the functions described therein but that it does not oblige the Court to do so. Hence the provision is enabling rather than mandatory and the Court retains a discretion on whether or not to give its Decision on the question posed in an application under the subsection.

In circumstances in which the applicant failed to attend the hearing or to otherwise communicate with the Court in relation to his application the Court deems the application to have been withdrawn and the question posited in the application will not be addressed by the Court.

Signed on behalf of the Labour Court

Kevin Duffy
30th August 2011______________________
JFChairman

NOTE

Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.