INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
JOHN PAUL CONSTRUCTION
(REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION)
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Rate of pay and hours of work.
2. The dispute concerns the rate of pay and hours of work for carpenters employed by a sub-contractor at the Company's site in Mayor Street. The rate of pay is £625.00 for a 41 hour week.
The Union states that its standard agreement with any Company has always been negotiated on the basis of a thirty-nine hour week. The standard working week for a large number of the Union's members on this particular site is thirty-nine hours.
The Company rejected the Union's claim and stated that a rate of £625.00 for a forty-one hour week was negotiated and agreed by the parties concerned.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 1st of July, 1999, but no agreement was reached. The dispute was referred to the Labour Court on the 14th of July, 1999, under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 6th of October, 1999, the earliest date suitable to the parties.
3. 1. Agreement was concluded that all carpenters would be employed on a PAYE basis and that rates of pay would reflect both day rates and productivity rates.
2. The standard working week on this particular site is thirty-nine hours. Many of the Union's members employed on this site are employed on that basis.
3. The Union, as part of its standard agreement with any company has always negotiated on the basis of a thirty-nine hour week.
4. 1. The rate of £625 for a forty-one hour week was agreed by both parties.
2. The rates of pay at this particular site are more favourable than those set out in the Registered Employment Agreement.
3. If a thirty-nine hour week was to come into operation then the rate of £625 per week would have to be reduced accordingly to reflect the reduction in hours.
Having carefully examined all the points raised in this claim, the Court is satisfied that the agreement reached between the parties on 1st June 1999 clearly stipulates that the rate agreed was for a 41 hour week, on this site. The Court takes the view that any proposed changes to that agreement is a matter for the parties to agree.
Signed on behalf of the Labour Court
19th October, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.