FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : IRISH NATURAL STONE PRODUCTS LIMITED - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay.
BACKGROUND:
2. The case before the Court concerns a claim by the Union alleging that the Company is in breach of the Construction Industry Registered Employment Agreement (REA) as it has not registered its employees in the Construction Workers Pension Scheme as is their obligation to do so by virtue of the nature of its business i.e that it operates as a building firm. The Company rejects the Union's claim and contends that the Company operates as a small stone manufacturing company and does not engage in work on building sites. The Company further contends that it has a pension scheme in place and it also operates a death in service benefit scheme.
- On the 17th May, 2011 the Union referred a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Court hearing was held on the 5th April, 2012.
DECISION:
This is a complaint by the Building and Allied Trade Union against Irish Natural Stone products Limited (the Company) made pursuant to s.32 of the Industrial Relations Act 1946. The substance of the Complaint is that the Company failed to register its employees in an approved pension scheme contrary to the requirements of the Registered Agreement for the Construction Industry, Pensions, Assurance and Sick Pay.
The Company contends that it is not a building or civil engineering firm within the meaning of the Agreement and are not bound by its terms.
The Court, with the agreement of the parties, decided that it would first give its decision on the applicability of the Agreement to the Company.
The meaning to be ascribed to the expression 'building firm' for the purposes of the Agreement is prescribed by the Second Schedule thereof. It includes, at Clause 1(b) of that schedule, a firm the principal business of which is: -
"the manufacture, alteration, fitting and repair of articles of worked stone (including rough punched granite and stone) granite, marble, slate and plaster"
The representatives of the Company described to the Court the type of work that it typically undertakes. It involves the manufacture or alteration of articles of worked stone. Consequently the Company is a building firm for the purposes of the Agreement and it is encompassed by the terms of the Agreement.
In these circumstances the Court must declare that the within complaint is well-founded. The Court will make no further order at this time so as to allow the parties to have discussion on how compliance with the Agreement can be brought about.
Signed on behalf of the Labour Court
Kevin Duffy
23rd April 2012______________________
SCChairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.