INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946
COMPLETE STAINLESS ENGINEERING LIMITED
- AND -
TECHNICAL, ENGINEERING & ELECRTICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Interpretation of the Construction Industry Registered Employment Agreement (REA) on pensions, assurance & sick pay.
2. The Union's claim is that its members (15 - 25 depending on contract demands) should be fully included in the CIF pension scheme. The workers are employed mainly as stainless steel fabricators and fitters, and service pipe fitters. They are responsible for the manufacturing of stainless steel components. Most of this work takes place in workshops on the client's premises.
A meeting was due to have taken place in January, 2001, between the parties to discuss the situation but, due to some confusion, this did not happen. The case was referred by the CIF Monitoring Agency to the Labour Court on the 13th of February, 2001, in accordance with Section 33 of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 26th of September, 2001, in Limerick.
3. 1. The vast majority of the staff in the Company are engaged in construction site work for approximately 90% of their time. The workers are not in the CIF pension scheme and the Company has offered no alternative scheme.
2. Not all workers in the CIF pension scheme are necessarily involved in construction work e.g. thousands of electricians are in the scheme.
4. 1. The Company is not a building or civil engineering firm as set out in the first schedule of the REA. It is a manufacturing Company and is not engaged in construction activities.
2. None of the Company's present employees have indicated that the REA applies to them.
The Court, in light of the evidence presented, finds that Complete Stainless Steel Engineering Limited does not come within the definition as described in the Second Schedule of the Registered Agreement, on the basis that employees are involved mainly in manufacturing activities, albeit largely based in workshops located in client's premises.
Signed on behalf of the Labour Court
12th October, 2001______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.