FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : KAVANAGH CRANE HIRE LTD (REPRESENTED BY O'DOHERTY WARREN & ASSOCIATES) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Interpretation of an REA.
BACKGROUND:
2. The Workers claimed that they are Employees covered by the provisions of the Registered Employment Agreements for the Construction Industry and are seeking a declaration to this effect from the Labour Court. The Workers referred this case to the Labour Court on the 24th January 2012, in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 23rd November, 2012.
DECISION:
This is an application by the Services Industrial Professional And Technical Union (SIPTU) of the Construction Industry Registered Employment Agreement (“the REA”) made pursuant to Section 33(1) of the Industrial Relations Act 1946 (“the Act”), as amended.
Section 33(1) provides:
- 33.—(1) The Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person.
The Court is asked by the applicant to give its decision as to whether the REA applies to the Respondent in this case.
The Court has issued a determination under Section 32 of the Act that the Respondent Company it is not a Building or Civil Engineering firm within the meaning of the REA and therefore cannot enforce the agreement against it. Therefore in such circumstances, the Court declines to give a decision on the application made.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th January, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.