FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : ORAN PRE-CAST LTD - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Interpretation of Registered Employment Agreement.
BACKGROUND:
2. The Union claims that the Company is an Employer covered by the provisions of the Registered Employment Agreements for the Construction Industry and is seeking a declaration to this effect from the Labour Court. The Union referred this case to the Labour Court on the 21st April, 2011, in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 12th June, 2012.
DECISION:
This matter came before the Court by way of an application by BATU for the Court to give its decision on the applicability of the Registered Employment Agreement for the Construction Industry to Oran pre-Cast Limited pursuant to s.33(1) of the Industrial Relations Act 1946.
Section 33(1) of the Act confers a discretionary jurisdiction on the Court. Having reviewed the submissions filed in this case and having head the parties in relation to this matte the Court is satisfied that there is no extant issue or dispute between the parties which requires the Court to determine the questions posed in the application.
In these circumstances it is not appropriate for the Court to give its decision on whether or not the respondent company is encompassed by the Registered Agreement in question as that question is effectively moot in the instant case.
Signed on behalf of the Labour Court
Kevin Duffy
11th July, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.