Labour Court Database
File Number: CD86883
Case Number: INT872
Section / Act: S33(1)
Parties: L.M.H. ENGINEERING LTD - and - CONSTRUCTION INDUSTRY FED.
Request, by the Federation, under Section 33 of the Industrial Relations Act, 1946 for an interpretation as to whether or not the Company is an employer to which the Registered Employment Agreement for the Construction Industry Applies.
See document(DOC) for recommendation.
Division: Mr Fitzgerald Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD86883 THE LABOUR COURT INT2/87
Section 33 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
INTERPRETATION NO. 2 of 1987
Parties: CONSTRUCTION INDUSTRY FEDERATION
LMH ENGINEERING LIMITED
1. Request, by the Federation, under Section 33 of the Industrial
Relations Act, 1946 for an interpretation as to whether or not the
Company is an employer to which the Registered Employment
Agreement for the Construction Industry Applies.
2. The Construction Industry Federation's (CIF) request to the
Court for an interpretation in this matter arises from a query to
the Department of Labour concerning a worker who was employed by
the Company from March 1977 to July 1977. During that period the
worker did not have a pension card stamped.
3. A representative of the CIF visited the Company in June, 1986,
to ascertain if the Registered Agreement for the Construction
Industry applied to the Company. The Company stated that at that
time it was not covered by the Agreement as it was involved in the
fabrication and erection of conveyor systems for pits, quarries
4. Following its meeting with the Company the CIF consulted with
the Department of Labour and decided to refer the matter to the
Labour Court for an interpretation as to whether or not the
Company was an employer to which the Agreement applied. A Court
hearing was held on 10th December, 1986 in Arklow.
5. (i) The Federation has not obtained enough information
about the Company to definitely state that the
Agreement should be applied to it. However, on
balance, it is considered that the Agreement should be
applied to the Company.
(ii) This matter arose from a query from a worker who was
employed by the Company in 1977. That worker's pension
card was not stamped during his employment. If the
Court finds that the Agreement applies to the Company
then it should direct it to provide pension and
mortality benefits as set out in the Agreement.
(iii) The Federation considers that if the Court had access
to information about the Company, which the General
Inspectorate of the Department of Labour has, that it
would be satisfied that the Agreement applied to the
6. (a) The Company is not covered by the Agreement. It is an
established design orientated mechanical engineering
(b) The Company's principal activity is the design and
manufacture of belt conveyor systems. These are
specialised units and are not for use on construction
(c) The Company is treated as a manufacturing and not a
construction company. If it were to lose this case it
would be treated as a construction company while at the
same time it must pay taxes at higher rates because it
is a manufacturing company.
7. The Court in the light of the evidence presented, finds that
L.M.H. Engineering Limited does not come within the definition as
described in the Second Schedule of the Registered Agreement.
The Court so decides.
Signed on behalf of the Labour Court
6th February, 1987 --------------------
T O'M/U.S. Deputy Chairman